Section 603.60  Permitted Use of Foreign Substances and Threshold Levels

a)         Non-Steroidal Anti-Inflammatories (NSAID):  Threshold Levels

1)         Only one non-steroidal anti-inflammatory drug (NSAID) may be present in a horse's body while it is participating in a race.  The presence of more than one NSAID, greater than the threshold level, is forbidden and will result in the purse being redistributed.

2)         Subject to the prohibition contained in Section 603.40 (24 hour ban), the only foreign substances that now meet the criteria established in Section 603.80 are phenylbutazone (or its metabolite oxyphenylbutazone), flunixin, pyrilamine, isoxsuprine and ketoprofen.

3)         The threshold level of phenylbutazone shall be less than 5.0 micrograms (mcg) per milliliter (ml) of serum or plasma.  The threshold level for oxyphenylbutazone shall be less than 5.0 mcg/ml of serum or plasma.

A)        Within a 365 day period, in the event a post-race sample from a horse contains an amount of phenylbutazone or oxyphenylbutazone greater than or equal to 5.0 mcg/ml but less than 10.0 mcg/ml of serum or plasma, the trainer shall be subject to the following penalties absent mitigating circumstances:

i)          first offense, minimum fine of $250;

ii)         second offense, minimum fine of $500;

iii)         third or subsequent offense, minimum fine of $1,000 and a 15 day suspension.

B)        Within a 365 day period, in the event a post-race sample from a horse contains an  amount of phenylbutazone or oxyphenylbutazone greater than or equal to 10.0 mcg/ml of serum or plasma, the trainer shall be subject to the following penalties absent mitigating circumstances:

i)          first offense, minimum fine of $500 and the purse shall be redistributed;

ii)         second offense, minimum fine of $1,000, a 15 day suspension and the purse shall be redistributed;

iii)         third or subsequent offense, minimum fine of $2,500, a 30 day suspension and the purse shall be redistributed.

4)         The threshold level of flunixin shall be less than 20.0 ng/ml of serum or plasma and the threshold level of ketoprofen shall be less than 10.0 ng/ml of serum or plasma.  In the event a post-race sample from a horse contains an amount of:

A)        flunixin greater than or equal to 20.0 ng/ml but less than 100.0 ng/ml or ketoprofen greater than or equal to 10.0 ng/ml but less than 50.0 ng/ml, the trainer shall be subject to the following penalties, within a 365 day period, and absent mitigating circumstances:

i)          first offense, minimum fine of $250;

ii)         second offense, minimum fine of $500;

iii)         third or subsequent offense, minimum fine of $1,000 and a 15 day suspension.

B)        flunixin greater than or equal to 100.0 ng/ml or ketoprofen greater than or equal to 50.0 ng/ml, the trainer shall be subject to the following penalties, within a 365 day period, and absent mitigating circumstances:

i)          first offense, minimum fine of $500 and the purse shall be redistributed;

ii)         second offense, minimum fine of $1,000, a 15 day suspension and the purse shall be redistributed;

iii)         third or subsequent offense, minimum fine of $2,500, a 30 day suspension and the purse shall be redistributed.

5)         If the phenylbutazone, oxyphenylbutazone, flunixin or ketoprofen overage is due to the negligence of the veterinarian attending the horse, the veterinarian shall be subject to the same penalties as are set forth in subsections (a)(3)(A) and (B) and (a)(4)(A) and (B).

6)         To help horsemen determine the test levels of phenylbutazone, oxyphenylbutazone, flunixin, pyrilamine, isoxsuprine and ketoprofen, the Board laboratory will test, for the actual cost of processing the sample, all equine serum or plasma samples submitted to it that are accompanied by an affidavit indicating time, method, and route of administration.

7)         Penalties for violations of this Section shall be based on the following criteria:

A)        previous warnings and rulings for violations of this Section;

B)        the age and experience of the violator;

C)        whether the violator has ever been the subject of a medication ruling in this or any other racing jurisdiction;

D)        what action, if any, was taken to avoid the violation;

E)         the purse of the race.

b)         The following foreign substances may be administered externally to a horse entered to a race:  Leg paints and liniment that do not contain any "caine" derivatives, pharmacodynamic and/or chemotherapeutic agents, and that can be applied topically without penetrating the skin.

c)         Subject to the prohibition contained in Section 603.40 (24-hour ban), the following foreign substances, commonly referred to as anti-bacterial,  anti-fungal, anti-protozoal or anti-ulcer drugs, may be present in the body of a horse participating in a race.

1)         Anti-Bacterials

Amikacin

Ampicillin

Ampicillin sodium

Azolsulfamide

Chloramphenicol

Doxycycline

Enrofloxacin (Baytril)

Erythromycin sulfate

Gentamicin sulfate

Kanamycin sulfate

Methenamine

Levamisole (tetramisole)

Metronidazole

Neomycin sulfate

Nitrofurantoin

Oxytetracycline

Penicillin G. Benzathine

Penicillin G. Potassium

Sulfadimethozine

Sulfadimethoxine

Sulfamethoxazole

Sulfametranidazole

Sulfapyridine

Sulfathiazole

Tetracycline

Trimethoprim

2)         Anti-Fungals

Amphotericin B

Griseofulvin

Neomycin Undecyclenate

Nystatin

3)         Anti-Protozoals

Nitazoxanide (Navigator)

Ponazuril (Marquis)

Pyrimethamine (Daraprim)

4)         Anti-Ulcers

Cimetidine (Tagamet)

Omeprazole (Prilosec or GastroGard)

Ranitidine (Zantac)

d)         This listing of anti-bacterial, anti-fungal, anti-protozoal and anti-ulcer drugs is all inclusive and shall not include any other anti-bacterial, anti-fungal, anti-protozoal or anti-ulcer drug.

e)         A foreign substance of accepted therapeutic value may be administered as prescribed by a veterinarian when threshold levels and guidelines for its use have been approved by the Board and this Part has been duly amended.  The Board shall give due consideration to threshold levels and guidelines that have been established by the Quality Assurance Program Committee of the Association of Racing Commissioners International when making additions to the permitted list.

f)          Official test samples may contain the following drug substance, or its metabolites, in an amount that does not exceed the threshold level:

1)         The threshold level of isoxsuprine shall be less than 1,000.0 ng/ml in urine.

2)         The threshold level of pyrilamine shall be less than 50.0 ng/ml in urine.

g)         The provisions of this Section shall be applied retroactively when substantively applicable, including all actions pending before the Board without regard to when the cause of action accrued; provided, however, that this subsection shall not operate to affect rights of individuals that have fully vested.

(Source:  Amended at 32 Ill. Reg. 7397, effective May 1, 2008)