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ADOPTIONS LAW AND PUBLIC SAFETY

(c) Any and all penalties assessed against an owner, trainer, Boldenone — 25 picograms/milliliter (25 pg/mL); veterinarian, or other person for violation of N.J.A.C. 13:70-14A.18 —Females and geldings: 25 picograms/milliliter (25 shall be individually assessed against each particulate violator based upon p~~llll.~; his or her own violation history. For example, the same set of facts may —Intact male hoses: 2,000 picograms/milliliter (2,000 be deemed a third violation against the trainer, a second against the pg/mL); owner, and a first against the veterinarian, Females and geldings: 25 picograms/milliliter (25 pg/mL) (d) Notwithstanding the foregoing, the Judges may punish any person (unless a female is in foal). who directed another to violate N,J.A.C. 13:70-14A.18. The person who For the purposes of this section, "intact male horse" shall mean a directed the violator shall be subject to the same penalties as the male horse that has not been gelded. N1ale horses other than geldings offender•, This includes, but is not limited to, the principal veterinarian of shall be tested for nandrolone in urine only. See (d) below. a veterinary practice, a veterinarian who directs a vetet•inarian technician (d) Test results identifying the presence of boldenone, nandrolone, or other person to perform shock wave therapy or act in any other way and testosterone shall not constitute a violation of this section if the level that would violate N.J.A,C. 13:70-14A.18, a trainer or owner who of these permitted anabolic test at oc below the following directs any other party to perform shock wave therapy or act in any way threshold levels in urine: that would violate N.J,A,C. 13;70-14A.18, or any other person who Boldenone —Intact males: 15 nanogranls/milliliter (I S nghnL); directs another to violate N,J.A,C, 13:70-14A,18. Females and geldings: 1 11a110gPa111~ll11IIlIlt81' ~1 11gI111L~ (e) Notwithstanding any of the penalties set fot~th in (a) above, the Nandrolone —Intact males: 45 nanograms/milliliter (45 ng/mL); Stewards may punish any other person found to be acting in concert with Females and geldings: 1 nanogramhnilliliter (1 ng/mL); a person performing shock wave therapy in violation of N.J.A.C. 13;70- Testosterone —Females; 55 nanograms/milliliter (55 ng/mL) (unless 14A.18, by imposing penalties in accordance with the severity of the in foal); conduct up to the maximum provided in this section. Geldings: ZO I1a110gY11115~1111IIlIlt81' ~ZO T1gI1l1L~ (e) Any blood or urine samples containi~ig one of the three anabolic steroids listed in (c) and (d) above that quantitatively measut•es above the threshold levels shall constitute a violation of this section. Any samples (a) identifying the presence of more than one of the three permitted anabolic NEW JERSEY RACING COMMISSION steroids shall constitute a violation of this section eegardless of the threshold levels identified in the sample, Any samples identifying the Horse Racing presence of one of the three permitted anabolic steroids, even if it tests at Anabolic Steroids oz' below the threshold level, shall constitute a violation of this section if Adopted Amendment: N.J.A.C. 13:70-14A.17 the samples also indicate the presence of any other anabolic . Recodify existing (e)-(~ as (~-(g) (No change in text.) Proposed: October 2, 2017, at 49 N.J.R. 3334(a), (ti) In addition to the liability of tl~e trainer, any person licensed in Adopted: March 22, 2018, by the New Jersey Racing Commission, any capacity by the Conunission who is involved in the administration Frank Zanzuccici, Executive Director. of anabolic steroids to a horse who tests in violation to this section shall Filed: March 29, 2018, as R.2018 d,094, without change. be subject to penalties up to or equal to the penalties set forth for trainers Authority. N.J.S.A. 5:5-30. in (g) above. Persons not licensed by the Commission ~vho have been Effective Date: May 7, 2018. involved in the administration of anabolic steroids to a horse who tests it1 Expiration Date: April 28, 2024, violation of this section shall be subject to penalties as determined by the C 01711111SS 1011. Summary of Public Comments and Agency Responses. (i) (No change in text.) The offtcial comment period ended December 1, 2017. The following (j) The trainer of a horse that was claimed outside of the State of New is a summary of the comments the received and New Jersey Racing Jersey or purchased in a private sale in any state may request that the Commission's (Commission) responses. The Commission received one claimed horse be tested for• the presence of anabolic steroids prior to comment via electronic mail from member a of the public titling herself entering that horse to race in New Jersey. The trainer who requests such as "Jean Public," testing shall bear all costs, as determined by the Executive Director, t11at COMMENT: The commenter states that specific fines should be are related to the collection and testing of the blood and urine samples added to the rule for each anabolic offense steroid because of her consistent with (i) above. A horse that tests in violation of this section concern over equine fatalities at States United racetracks, shall be declared ineligible to compete in any care in New Jersey for a RESPONSE: The Commission thanks the commenter for her concern. period of at least 30 days after the date upon which the samples were However, the comment addresses an issue beyond the scope of the talcen. After the 30-day disqualification has been completed, the horse proposed are amendments, which intended to update threshold and shall not be allowed to compete wail suc11 time as the trainer males the testing methodology to align with current research and scientific horse available to the Commission for retesting and the samples tal

SUBCHAPTER 14A. AND TESTING PROCEDURES 13;70-14A.17 Anabolic steroids (a)-(b) (No change.) (c) Test results identifying the presence of boldenone, nandrolone, and testosterone shall not constitute a violation of this section if the level of these permitted anabolic steroids test at or below the following threshold levels in blood plasma:

NEW JERSEY REGISTER, MONDAY, MAY 7, 2018 (CITE 50 N,J.R. 1223)