Oregon Statutes 462.415 – Animals prohibited from racing; prohibited acts; rules
(1) An animal may not participate in any race if:
Terms Used In Oregon Statutes 462.415
- Commission: means the Oregon Racing Commission. See Oregon Statutes 462.010
- Drug: means any narcotic, sedative, anesthetic, analgesic, drug or other medication of any kind or description intended for use in any manner, directly or indirectly, internally or externally, in the diagnosis, treatment, mitigation or cure of injury or disease or for use in the prevention of disease that could affect, in any manner, the racing condition or performance of an animal as a depressant, stimulant, local anesthetic, analgesic, sedative or otherwise. See Oregon Statutes 462.010
- Mutuel: means a system whereby:
(a) Wagers with respect to the outcome of a race are placed with a wagering pool in which the participants are not wagering against the operator; and
(b) The operator distributes to one or more winning participants the total amount in the wagering pool, less amounts deducted by the operator as approved by the commission. See Oregon Statutes 462.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Race: includes races conducted without wagering, provided one or more races in the meet are conducted with wagering. See Oregon Statutes 462.010
(a) Less than 24 hours before post time the animal has been administered any drug that is prohibited by the Oregon Racing Commission.
(b) The animal possesses in its system, on race day, either prior to or at the time of the race any drug detected by any of the testing methods approved by the commission or customarily employed in the testing of urine, saliva, blood or other samples from racing animals.
(c) The animal’s performance was stimulated, depressed or otherwise affected in any manner by use prior to or during the race of any electrical, mechanical or other device not sanctioned by the commission.
(d) The animal fails to satisfy all of the conditions of the race prescribed by the racing secretary.
(2) A person may not enter or allow to be entered in any race any animal if the person knows, or by exercise of reasonable diligence should have known, that its participation is prohibited under subsection (1) of this section.
(3) A trainer, upon entering an animal and allowing it to participate in a race, represents that the animal is in a fit condition and that its participation is not prohibited under subsection (1) of this section. The trainer is responsible for and the absolute insurer of the condition of the animal regardless of the acts of third parties.
(4) An animal that participates in violation of subsection (1) of this section shall be disqualified and the order of finish revised. If the animal is disqualified, its owner may not share or participate in any purse, earnings, trophies or other emoluments of the race. Any revision in the order of finish after a race has been declared ‘official’ by the stewards does not affect the mutuel payoff to the public.
(5) Notwithstanding this section or any other section in this chapter, the commission may, by rule, adopt a medication program subject to commission control and supervision that it finds to be in the best interest of racing. Notification to the public that an animal is currently using a drug shall be left to the discretion of the commission.
(6) Testing of samples from racing animals may be performed only at laboratory facilities certified by the commission as having the capability to provide timely, accurate test results.
(7) Notwithstanding any other provision of this chapter, the commission, by rule, may adopt tolerances for medication, or residues thereof, that may be detected through tests approved under subsection (6) of this section. [1969 c.356 § 4; 1975 c.550 § 8; 1977 c.855 § 12; 1989 c.357 § 3; 1991 c.472 § 1; 2007 c.431 § 1]