Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering
RULE NO: RULE TITLE
61D-6.008: Permitted Medications for Horses
PURPOSE AND EFFECT: The purpose and effect of the proposed rule will be to implement and interpret Florida Statutes that relate to rules regulating the use of anabolic steroids in race horses at pari-mutuel racing facilities.
SUMMARY: The proposed rule will address the use of anabolic steroids in race horses at pari-mutuel racing facilities.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: A Statement of Estimated Regulatory Costs was prepared that indicates that the total industry wide regulatory cost associated with using alternative medications to prevent thoroughbred and standardbred mares from coming into heat would be approximately $684,000 per year for each breed and that the cost of other alternative medications are indeterminate. Failure to adopt the proposed rule would result in estimated purse losses of $14,900,000 – $17,900,000 per year. A copy of the Statement of Estimated Regulatory Costs may be obtained by contacting Mary Polombo, whose address is listed below.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 550.0251, 550.2415 FS.
LAW IMPLEMENTED: 550.2415(1), (8)(e), (9)(c), (13), (15) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: November 12, 2008, 10:30 a.m. – 12:30 p.m.
PLACE: State of Florida, Department of Children and Families, 1400 West Commercial Blvd., Room 203, Ft. Lauderdale, Florida 33309
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary Polombo at (850)413-0750. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Florida 32399-1035

THE FULL TEXT OF THE PROPOSED RULE IS:

61D-6.008 Permitted Medications for Horses.

(1) through (7) No change.

(8) No Androgenic-Anabolic Steroids (AAS) shall be permitted in test samples collected from racing horses, except for the major metabolites of stanozolol, nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the following thresholds:

(a) Stanozolol or 16ß  – hydroxystanozolol – 1 nanogram per milliliter in urine for all horses regardless of sex.

(b) Boldenone – 15 nanograms per milliliter in urine of male horses other than geldings. No boldennone shall be permitted in geldings or female horses.

(c) Nandrolone – 1 nanogram per milliliter in urine of geldings or females; or 45 nanograms per milliliter of metabolite, 5a-oestrane-3ß,17a-diol in urine of male horses other than geldings.

(d) Testosterone – 20 nanograms per milliliter in urine of geldings, 55 nanograms per milliliter in urine of females. Samples collected from male horses other than geldings will not be tested for testosterone.

(9) Urine samples of horses shall be identified as having been collected from a female, male, or gelding before being sent to the laboratory.

Specific Authority 120.80(4)(a), 550.0251(3), 550.2415(8), (9), (13), (16) FS. Law Implemented 120.80(4)(a), 550.0251(11), 550.2415(1), (8)(e), (9)(c), (13), (15), (16) FS. History–New 10-20-96, Amended 1-5-98, 6-6-00, 5-14-02, 6-6-04, 7-6-06, 8-12-07,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: David J. Roberts, Director, Division of Pari-Mutuel Wagering
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles W. Drago, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 1, 2008