Home » 2016 Issues » February 10, 2016 » SGC-48-15-00006-A Per Se Thresholds and Related Rule Amendments for Cobalt, Ketoprofen, Isoflupredone and Albuterol
SGC-48-15-00006-A Per Se Thresholds and Related Rule Amendments for Cobalt, Ketoprofen, Isoflupredone and Albuterol
2/10/16 N.Y. St. Reg. SGC-48-15-00006-A
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 6
February 10, 2016
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
NOTICE OF ADOPTION
I.D No. SGC-48-15-00006-A
Filing No. 128
Filing Date. Jan. 26, 2016
Effective Date. Feb. 10, 2016
Per Se Thresholds and Related Rule Amendments for Cobalt, Ketoprofen, Isoflupredone and Albuterol
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 4043.2(i), 4043.3 and 4120.3 of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19), 301(1), (2) and 902(1)
Subject:
Per Se thresholds and related rule amendments for cobalt, ketoprofen, isoflupredone and albuterol.
Purpose:
To preserve the integrity of pari-mutuel racing while generating reasonable revenue for the support of government.
Text or summary was published
in the December 2, 2015 issue of the Register, I.D. No. SGC-48-15-00006-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, One Broadway Center, P.O. Box 7500, Schenectady, New York 12301, (518) 388-3407, email: gamingrules@gaming.ny.gov
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
The Gaming Commission received two public comments from the New York Racing Association, Inc. and the New York Thoroughbred Horsemen’s Association.
The New York Racing Association, Inc. (NYRA) wrote in support of the amendment regarding per se thresholds for cobalt, ketoprofen, isoflupredone and albuterol. “This rulemaking is necessary to align the (Gaming Commission’s) laboratory ‘per se’ thresholds for controlled therapeutic medications with the latest ones approved by the Association of Racing Commissioners International, Inc. (ARCI),” NYRA stated. “The adoption of this rulemaking by the (Gaming Commission) is another major step forward in the ongoing effort of thoroughbred racing regulators in many states and other participants to adopt uniformly stringent and effective equine medication and penalty rules across the country.”
The New York Thoroughbred Horsemen’s Association, Inc. (NYTHA) opposes the restricted time periods for albuterol and ketoprofen, stating that the Racing Medication and Testing Consortium (RMTC) has shorter withdrawal guidelines than the New York restricted time periods.
As an example, NYTHA contends that the amendment would impose a withdrawal time of 96 hours for the administration of albuterol, while the RMTC/ARCI withdrawal time is 72 hours. “ New York horsemen would be required to withdraw the use of this therapeutic medication at a different time than horsemen in others states,” NYTHA stated. It made a similar argument with the drug ketoprofen.
In fact, the Commission has not proposed to amend the existing restricted time periods for albturerol or ketoprofen, as the proposal adopts the national thresholds for such drugs, which are consistent with the existing restricted time periods in New York. The Commission will, however, examine the NYTHA comment with respect to whether a future rulemaking might shorten the restricted time period for one or more drugs. At present, the Commission’s restricted time period rules function well to provide an assurance that trainers may rely upon to ensure their compliance with the national thresholds in all states.