§ 405.5. General procedures for collecting samples.
(a) Upon request, the Commission Veterinarian, Commission investigators and any other person designated to take samples for the Commission shall provide proper identification and disclose the purpose of the sampling to the owner, trainer or designated attendant of the horse.
(b) All samples shall be collected by and under the supervision and direction of a Commission Veterinarian or other persons duly employed or designated by the Commission. Samples taken outside of this Commonwealth may be taken by a regulatory veterinarian employed by the racing jurisdiction of the state where the sample is collected, or by a veterinary technician who is acting under appropriate supervision of the regulatory veterinarian.
(c) The Commission need not provide advanced notice before arriving at any racing facility or other location, whether or not licensed by the Commission, to collect samples.
(d) Upon request by a representative of the Commission, the trainer, owner or their specified designee shall immediately provide information regarding the exact location of their horses which are eligible for out-of-competition testing.
(e) If a representative of the Commission has previously sought and received permission from a managing owner of a facility at which a selected horse is located, no trainer or other custodian of a selected horse may refuse or decline the sampling of the selected horse. The Commission may attempt but is not required to contact the managing owner of the facility again to secure the immediate sampling of the selected horse.
(f) The trainer, owner, or their specified designee shall cooperate fully with the Commission’s representative collecting the out-of-competition samples for the Commission. Full cooperation by the trainer, owner, or specified designee shall include:
(1) Assisting in the immediate location and identification of the horses;
(2) Making the horse available as soon as practical upon arrival of the person who is responsible for collecting the samples;
(3) Providing a stall or other safe location to collect the samples;
(4) Assisting the person who is collecting samples in properly procuring the samples; and
(5) Witnessing the taking of samples including sealing of sample collection containers.
(g) The management and employees of a licensed racetrack or horse facility at which a horse may be located shall cooperate fully with the Commission representative who is authorized to take samples. The person who collects samples for the Commission may require that the collection be done at a specified location on the premises.
(h) The Commission, in its sole discretion, and upon request, may permit the trainer, owner, or their specified designee to present a selected horse, which is located in this Commonwealth ia, but not at a licensed racetrack or horse facility licensed by the Commission, to be sampled at an alternate time and location designated by the Commission.
Cross References This section cited in 7 Pa. Code § 405.8 (relating to cooperation with the Commission).
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