§ 405.3. Horses eligible to be tested.
(a) Any horse that has engaged in racing activities, including training and competing in horse racing in this Commonwealth is eligible to be selected for random testing, as set forth below. This shall include, without limitation, any horse which is located, stabled or trained outside of this Commonwealth in preparation to participate in racing within this Commonwealth.
(b) A horse is presumed eligible for out-of-competition testing if:
(1) It is on the grounds of a racetrack or horse facility within this Commonwealth. If the trainer of record or a designee of the selected horse is not available, the trainer will be given 24 hours to produce the specified horses at the designated racetrack or location for samples to be taken.
(2) It is under the care or control of a trainer licensed by the Commission;
(3) It is owned by an individual owner or ownership group or partnership duly licensed by the Commission;
(4) It is entered or nominated to race at a racetrack or other facility licensed by the Commission;
(5) It has raced within the previous 12 months at a racetrack or other facility licensed by the Commission; or
(6) It is nominated to a program based on racing in this jurisdiction, including a Thoroughbred breeder’s award race, or Standardbred sire stakes race.
(c) The presumption of eligibility to be tested, as previously set forth, is conclusive in the absence of evidence that the horse is not engaged in racing activities relating to competing in horse racing within this Commonwealth.
Cross References This section cited in 7 Pa. Code § 405.9 (relating to penalties for non-cooperation or positive tests).
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