Sec. 202. Horseracing scientific medication control rules
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Scientific medication control rules issued under section 101(c)(1) for each breed of covered horse shall apply to— covered horseraces, covered persons, and covered horses in member States; and any covered horse or covered person from a State that is not a member State that seeks to race in a covered horserace in a member State. In developing proposed scientific medication control rules with respect to a breed of covered horses, to the extent possible, a scientific medication control committee shall— use scientific methods; address all topics set forth in subsection (c); and take into account the unique characteristics and needs of such breed and its racing performance model, including the varying number and nature of races each year for the breed.
Until the date on which rules issued by the RHSO pursuant to section 101(c) become effective, the rules of the State concerned shall apply with respect to the administration of medication to covered horses racing in covered horseraces in that State. The proposed rules referred to in subsection
(b)shall provide— that— a covered horse may only compete in a covered horserace if the horse is— free from the active pharmacological effect of medications, other foreign substances, and methods that enhance the natural performance of the covered horse; and unencumbered by— foreign substances; and diseases or conditions; a covered horse that is injured or determined by a veterinarian to be unsound may not train or participate in a covered horserace; the use of medications, other foreign substances, and treatment methods that mask pain in order to allow an injured or unsound covered horse to train or race in a covered horserace shall be prohibited; with respect to the uniformity of rules, standards, procedures, and protocols regulating medication and treatment methods for covered horses and covered horseraces, such rules, standards, procedures, and protocols— shall be uniform within each breed of covered horse; and shall not be imposed on all 3 breeds unless specifically adopted by the scientific medication control committee for each breed; and breed-specific rules, standards, procedures, and protocols shall include breed-specific permissible thresholds, medication withdrawal guidelines, and other breed-specific concerns with respect to the administration of medication; and for— the development, in consultation with the State racing commissions and the National Veterinary Services Laboratories of the Animal and Plant Health Inspection Service of the Department of Agriculture, of a list of permitted and prohibited medications, methods, and substances for each breed of covered horse; a process for the review by the scientific medication control committee concerned for the administration of any medication to a covered horse during the 24-hour period preceding the next racing start of the covered horse; and the performance and management of test distribution planning (including intelligence-based testing), the sample collection process, and in-competition and out-of-competition testing (including no-advance-notice testing).