§ 401.26. Packaging and shipping of split samples.
(a) The Commission or its investigative staff shall be responsible for the packaging and shipping of the split sample and shall coordinate the time and location for the packaging of the split sample at the test barn with the owner, trainer or representative. The owner or trainer requesting testing of a split sample shall be responsible for the cost of the testing, including the cost of shipping.
(b) Failure of the owner, trainer or a designee to appear at the time and place designated by the Commission representative in connection with packaging and shipping the split sample shall constitute a waiver of any right to challenge Commission’s procedures.
(c) Prior to opening the split sample freezer or refrigerator, the Commission’s representative shall provide the split sample verification form or split sample packaging form or any other similar form approved by the Commission. The forms shall be completed fully during the retrieval, packaging and shipment of the split sample and shall contain the following information:
(1) The date and time the sample is removed from the split sample freezer;
(2) The sample number;
(3) The address where the split sample is to be sent; and,
(4) A check from the owner or trainer made payable to the split sample laboratory with the appropriate testing fee.
(d) The Commission representative shall remove the split sample from the freezer and shall package it in accordance with the packaging procedures directed by the Commission. All necessary Commission chain of custody forms shall be signed by the owner, trainer or other representative, if present, and the Commission representative to confirm the proper packaging of the split sample for shipment. The exterior of the package shall be secured and sealed to prevent tampering with the package.
(e) The owner, trainer or representative, if present, may inspect the package containing the split sample immediately prior to transfer to the delivery carrier to verify that the package is intact and has not been tampered with.
(f) Prior to shipment of the split sample, the Commission’s representative shall confirm:
(1) That the split sample laboratory has agreed to provide the testing requested;
(2) That the split sample laboratory has agreed to send results to the Commission; and
(3) That arrangements for payment satisfactory to the split sample laboratory have been made.
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