Wisconsin Legislature: Ch. Game 14 TOC

Ch. Game 14 NoteNote: Chapter RACE 14 was renumbered chapter WGC 14 and corrections made under s. 13.93 (2m) (b) 1. and 6., Stats., Register, March, 1995, No. 471.

Ch. Game 14 NoteNote: Chapter WGC 14 was renumbered chapter Game 14 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register November 2003 No. 575.

Game 14.01Game 14.01 Purpose. The purpose of this chapter is to govern procedures relative to permissible administration of medication to racing animals.

Game 14.01 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 14.02Game 14.02 Definitions.

Game 14.02(1)(1) “Foreign substance” means any substance except those which exist naturally in the untreated animal of normal physiological concentrations.

Game 14.02(2)(2) “Medication” means any substance recognized as a drug in the official U.S. pharmacopoeia and national formulary or official homeopathic pharmacopoeia of the United States or, any supplement to either of them; or, any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or other conditions in persons or animals; or, any substance other than a device or food intended to affect the structure or any function of the body of persons or animals; or, any substance intended for use as a component of any article specified previously.

Game 14.02(3)(3) “Test sample” means any substance obtained from a racing animal for the purpose of submission to the testing laboratory for determining compliance with ch. Game 14. These substances include but are not limited to: urine, blood, feces, saliva, and hair.

Game 14.02 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: cr. (3) Register November 2003 No. 575, eff. 12-1-03.

Game 14.03Game 14.03 Prohibition against foreign substance and medication. No animal participating in a race shall carry in its body any foreign substance or medication, irrespective of when administered or injected. No person shall administer, conspire to administer, or attempt to administer a foreign substance or medication in violation of this section. Notwithstanding any of the foregoing, if the testing laboratory selected pursuant to s. Game 14.23 detects the following substances at or below the levels indicated, the laboratory shall not report the results as a positive finding which indicates the presence of a foreign substance:

Game 14.03(1)(1) Procaine and its metabolites in an amount less than or equal to 5.0 micrograms per milliliter.

Game 14.03(2)(2) Sulfa drugs and their metabolites in an amount less than or equal to 100 micrograms per milliliter.

Game 14.03(3)(3) Polyethylene glycol and fenbendazole, if the laboratory determines, in its sole discretion, that the amount detected is insufficient to interfere with the laboratory’s ability to detect the presence of other medications or foreign substances.

Game 14.03 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Game 14.04Game 14.04 Forty-eight hour ban. No foreign substance or medication shall be administered to an animal entered to race by hypodermic injection, oral administration, topical administration which can penetrate the skin, rectal infusion, suppository, inhalation or any other means within 48 hours prior to the scheduled post time of the first race of the day on which the animal is entered.

Game 14.04 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 14.05Game 14.05 Unlawful entry. Any person who enters any animal in a race and who knows, or by exercise of due diligence in his or her duties should know, that the animal carries in its body during the race any foreign substance or medication, regardless of when administered or injected, shall be subject to a suspension or revocation of licensure, forfeiture or both.

Game 14.05 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 14.06Game 14.06 Willful failure to disqualify. No person shall willfully fail to disqualify an animal from a race when the person has notice that:

Game 14.06(1)(1) A foreign substance or medication has been administered to the animal in violation of s. Game 14.02 or 14.03;

Game 14.06(2)(2) The animal has not been properly made available for any test or inspection required by the division; or

Game 14.06(3)(3) The animal is not eligible to race in Wisconsin, or any other racing jurisdiction.

Game 14.06 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.

Game 14.07Game 14.07 Prescription items. No person except a veterinarian shall have in the person’s possession within the kennel compound any prescription drug as defined in s. 450.01 (20), Stats., unless prior written authorization is obtained and the prescription drug is in its original pharmacy container with a prescription label affixed to it.

Game 14.07 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: am. Register November 2003 No. 575, eff. 12-1-03.

Game 14.08Game 14.08 Possession of drugs and chemicals. No veterinarian or any other person shall have in his or her possession or administer to any animal within any race track enclosure any chemical substance which:

Game 14.08(1)(1) Has not been approved for use on animals by the food and drug administration, pursuant to the federal food, drug and cosmetic act, 21 USC 301 et. seq., and implementing regulations; or

Game 14.08(2)(2) Which is on any of the schedules of controlled substances as prepared by the attorney general of the United States pursuant to 21 USC 811 and 812, or those contained in ch. 961, Stats., without the prior written approval from the state veterinarian. The state veterinarian shall not give such approval unless the person seeking such approval can produce evidence in recognized veterinary journals or by recognized experts that such chemical substance has a beneficial, therapeutic use in racing animals.

Game 14.08 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register November 2003 No. 575.

Game 14.09Game 14.09 Possession of needles and injectable prohibited.

Game 14.09(1)(1) Except as provided in s. Game 14.10, no person, except a veterinarian, shall have in his or her possession within any race track enclosure any hypodermic syringe or needle or any instrument capable of being used for the injection into any animal or human of any chemical substance.

Game 14.09(2)(2) Except as provided in s. Game 14.10, no person, except a veterinarian, shall have in his or her possession within any race track enclosure any substance prepared for the purpose of being injected into an animal or human being.

Game 14.09(3)(3) Dosage syringes manufactured for the exclusive purpose of providing oral administration of medications shall be permitted to be possessed by persons other than a veterinarian if prior approval is obtained from the division’s veterinarian. This provision does not permit hypodermic syringes that have been modified to prevent the attachment of a needle to qualify. All dosage syringes shall be identified on the medication list provided to the division’s veterinarian.

Game 14.09 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90; am. Register, July, 1990, No. 415, eff. 8-1-90; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; CR 03-070: cr. (3) Register November 2003 No. 575, eff. 12-1-03.

Game 14.10Game 14.10 Human use of substances and hypodermic syringes or needles.

Game 14.10(1)(1) Prescription items - human use. No person may possess within a race track enclosure any chemical substance for use on their own person, unless such chemical substance is a prescription drug as defined in s. 450.01 (20), Stats., and such person is in possession of documentary evidence that a valid prescription for the prescription drug has been issued to the person.

Game 14.10(2)(2) Hypodermic syringe or needle. No person may possess within any race track enclosure any hypodermic syringe or needle for the purpose of administering a chemical substance unless the person has:

Game 14.10(2)(a)(a) Provided the state stewards prior written notification of the possession of such device;

Game 14.10(2)(b)(b) Provided the state stewards prior written notification of the size of such device;

Game 14.10(2)(c)(c) Provided the state stewards prior written notification of the chemical substance to be administered by such device;

Game 14.10(2)(d)(d) Provided the state stewards a copy of a physician’s order documenting the need for such device.

Game 14.10 HistoryHistory: Cr. Register, March, 1990, No. 411, eff. 4-1-90.

Game 14.11Game 14.11 Test samples.

Game 14.11(1)(1) At least one animal from every race selected at the discretion of the stewards or division veterinarian, shall have taken from it test samples. In determining which animals to test, the stewards or division veterinarian shall consider, without limitation, whether the performance of the animal is such that it suggests the animal was not performing within its usual parameters, such as with beaten favorites or animals displaying significant reversals of form. Additional factors in determining animals to be tested shall include but are not limited to testing animals from as many kennels as possible, suspected medication usage, possible sickness and winning animals.

Game 14.11(2)(2) Any trainer or owner of an animal who shall refuse to submit such animal for test samples shall have their license suspended for not less than 30 days and such animal shall be disqualified from racing at meetings under the jurisdiction of the division.

Game 14.11(3)(3) Test samples shall be taken under the supervision of the division veterinarian by persons appointed by the division. During the taking of such test samples the owner or trainer or their agent or employee may, at their discretion, be present at all times.

Game 14.11(4)(4) The test samples shall be sealed by the division veterinarian or those under the division veterinarian’s supervision and the evidence of such sealing shall be witnessed by the signature of the owner or trainer or their agent or employee, if present. Failure to be present to witness the sealing shall constitute a waiver of the right to witness the sample collection.