810 Kar 1:012. Horses

Link to law: http://www.lrc.ky.gov/kar/810/001/012.htm
Published: 2015

      810

KAR 1:012. Horses.

 

      RELATES TO: KRS 230.215

      STATUTORY AUTHORITY: KRS 230.215, 230.260

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215

and 230.260 authorize the Kentucky Horse Racing Commission to promulgate

administrative regulations regulating horse racing in Kentucky. This

administrative regulation establishes requirements for the participation of

horses in horse race meetings, protects the safety and welfare of the horse,

and creates a level playing field for participants thereby protecting the integrity

of pari-mutuel wagering.

 

      Section 1. Definition. "Electronic

registration system" means a software application available online and

approved by the commission that allows an association's racing secretary, or

his designee, or horse identifier, or his designee, full access to horse and

trainer records from all tracks in North America, including current owner

information.

 

      Section 2. Registration Required. (1) Except as

provided by subsection (2) of this section, a horse shall not be entered or raced

in this state unless:

      (a) Duly registered in The Jockey Club breed

registry; and

      (b)1. The registration certificate or racing

permit issued by The Jockey Club for the horse is on file with the racing secretary;

or2. The information contained on the registration certificate or racing permit

is available to the racing secretary through the electronic registration

system.

      (2) The stewards may for good cause waive this

requirement if the horse is otherwise correctly identified to the stewards'

satisfaction.

      (3) Upon claim, sale, or any other transfer of

ownership, the horse’s registration certificate or racing permit shall be given

to the new owner. The new owner may report the change in ownership to an

association's racing secretary, or his designee, or horse identifier, or his

designee, to enter ownership information in the electronic registration system.

      (4) If the electronic registration system fails

for any reason, the stewards may require presentation of a horse’s registration

certificate or racing permit prior to a horse being entered or raced in Kentucky.

      (5) The stewards may at any time require

presentation of a horse’s registration certificate or racing permit. Failure to

comply with this provision may result in imposition of penalties pursuant to

810 KAR 1:028.

 

      Section 3. Ringers Prohibited. (1) A horse shall

not be entered or raced in this state designated by a name other than the name

under which the horse is currently registered with The Jockey Club. If a

horse's name is changed with The Jockey Club, the horse's former name shall be

shown parenthetically in the daily race program the first three (3) times the

horse races after the name change.

      (2) A person shall not cause or permit the

correct identity of a horse to be concealed or altered. A person shall not

refuse to reveal the correct identity of a horse he owns or that is in his care

to a racing official or member of the regular news media.

      (3) A horse shall not race in this state unless

the horse has:

      (a) A legible lip tattoo number applied by agents

of the Thoroughbred Racing and Protective Bureau;

      (b) An electronic horse identification microchip

that accurately identifies the horse and is compliant with the international

standards ISO 11784; or

      (c) With regards to a horse from a foreign

jurisdiction participating in a graded stakes race, has otherwise been

correctly identified to the stewards' satisfaction.

      (4) A horse shall not be entered or raced in this

state if previously involved in a "ringer" case to the extent that:

      (a) A person having control of the horse

knowingly entered or raced the horse while designated by a name other than the

name under which the horse was registered with The Jockey Club; or

      (b) The person having control of the horse

participated in or assisted in the entry or racing of some other horse under

the name registered as belonging to the horse in question.

 

      Section 4. Denerving. (1) A horse on which a

neurectomy has been performed shall have that fact designated on its registration

certificate, racing permit, or entry in the electronic registration system. It

shall be the joint responsibility of the practicing veterinarian who performed

the operation and the trainer of the denerved horse to ensure this fact is

correctly designated.

      (2) A horse whose ulnar, radial, or median nerve

has been either blocked or removed (known as high nerved), or whose volar or

plantar nerve has been blocked or removed, shall not be entered or raced in

this state.

      (3) A horse that has had a posterior digital

neurectomy (known as low nerved), may be permitted to race if the denerving has

been reported by the trainer to the stewards, and the horse has been approved

for racing by the commission veterinarian prior to being entered for a race.

      (4) If a horse races in violation of this

administrative regulation and participates in the purse distribution, then a

protest shall not be considered unless submitted in writing to the stewards

within forty-eight (48) hours after the race.

      (5) If a horse races in violation of this

administrative regulation and is claimed, then a protest shall not be

considered unless the successful claimant submits a protest in writing within

forty-eight (48) hours requesting the claim be voided. If the claim is voided,

the horse shall be returned to the owner who started the horse in the race, and

the claim price shall be returned to the claimant.

      (6) A list of all denerved horses shall be posted

in the racing secretary's office. Only horses that have in fact had a neurectomy

shall be so reported.

 

      Section 5. Bleeders. (1) A horse that bleeds

either during or after a race or workout and is not on bleeder medication may

race on bleeder medication at the discretion of the commission veterinarian.

      (2)(a) A horse that bleeds while on bleeder

medication shall be placed on the veterinarian's list and shall remain on the

list until removed by the commission veterinarian after consultation with the

practicing veterinarian.

      (b) If the commission veterinarian and the

practicing veterinarian disagree on the removal of the horse from the

veterinarian's list, then a third veterinarian shall be appointed by the

chairman of the commission or his designee.

      (c) The opinion of the third veterinarian shall

be delivered to the chairman of the commission or his designee who shall make a

final decision on the issue.

 

      Section 6. Health Certificate Required. (1) A

horse shall not be stabled on the grounds of a licensed association or any

training center under the jurisdiction of the commission unless within ten (10)

days prior to arrival on the grounds, the horse has been examined by an

accredited practicing veterinarian who shall certify:

      (a) The horse's identity;

      (b) The horse's body temperature when examined;

      (c) That, to the best of the examining

veterinarian's knowledge and belief, the horse is free from any infectious or

contagious disease, or exposure thereto, and observable ectoparasites; and

      (d) Any other matters as may be required from

time to time by the Kentucky State Veterinarian.

      (2) Notice of this requirement shall be included

in the stall application of all licensed associations and training centers

under the jurisdiction of the commission and all condition books of licensed

associations.

 

      Section 7. Workouts. A horse shall not be

schooled in the paddock or taken onto a track on association grounds for

training or workout, other than during normal training hours posted by the association,

without special permission of the stewards.

 

      Section 8. Age Restrictions. A maiden six (6)

years of age or older that has made five (5) life time starts on the flat shall

not be entered or start.

 

      Section 9. Fillies and Mares Bred. (1) A filly or

mare that has been covered by a stallion shall be so reported to the racing

secretary prior to being entered in a race.

      (2) A list of all fillies and mares so reported,

showing the names of stallions to which they have been bred, shall be posted in

the racing secretary's office.

      (3) A filly or mare that has been covered by a

stallion shall not be entered in a claiming race, unless a written release from

the stallion owner is attached to the filly's or mare's registration

certificate indicating that the stallion service fee has been paid or satisfied.

 

      Section 10. Serviceable for Racing. A horse shall

not be entered or raced that:

      (1) Is not in serviceable, sound racing

condition. The stewards may at any time require a horse on association grounds

to be examined by a qualified person;

      (2) Is posted on a veterinarian's list, stewards'

list, or starter's list, or is suspended, in any racing jurisdiction;

      (3) Has been administered any drug in violation

of 810 KAR 1:018;

      (4) Is blind or has seriously impaired vision in

both eyes;

      (5) Is not correctly identified to the

satisfaction of the stewards; or

      (6) Is owned wholly or in part by or is trained

by an ineligible person.

 

      Section 11. Equipment. (1) Riding crops and

blinkers shall be used consistently on a horse.

      (2) Permission to change use of any equipment

used on a horse from its last previous start shall be obtained from the stewards.

      (3) A horse's tongue may be tied down during a

race with a clean bandage or gauze.

      (4) A horse's bridle shall not weigh more than

two (2) pounds.

      (5) Bits shall be of a metallic alloy base of

stainless steel or aluminum and may be encased in rubber, plastic, or leather.

      (6) War bridles and bitless bridles shall not be

used.

      (7) Bar shoes may be used for racing only with

permission of the stewards.

      (8) Any goading device, chain, spurs, electrical

or mechanical device, or appliance, except for a riding crop, that may be used

to alter the speed of a horse shall not be used on a horse in a race or workout.

      (9)(a) Any riding crop may be subject to

inspection and approval by the stewards or the clerk of the scales to ensure conformity

with the specifications of paragraphs (c) through (e) of this subsection.

      (b) Only riding crops meeting the specifications

of this subsection, including the mandatory shock absorbing characteristics,

may be used in thoroughbred racing and training.

      (c) A riding crop shall have a:

      1. Maximum weight of eight (8) ounces;

      2. Maximum length, including flap, of thirty (30)

inches; and

      3. Minimum diameter of the shaft of three-eighths

(3/8) inch.

      (d)1. The only additional feature that may be

attached to the riding crop is a flap that shall have a:

      a. Maximum length from the end of the shaft of

one-half (1/2) inch; and

      b. Maximum width of one and six-tenths (1.6)

inches, with a minimum width of eight-tenths (0.8) inch;

      2. The flap from the end of the shaft shall not

contain any reinforcements or additions;

      3. There shall not be binding within seven (7)

inches of the end of the flap;

      4. The contact area of the shaft shall be smooth,

with no protrusion or raised surface, and covered by shock absorbing material

throughout its circumference; and

      5. The flap shall have similar shock absorbing

characteristics to that of the contact area.

      (e) A riding crop shall not have:

      1. Stingers or projections extending through the

hole of a popper; and

      2. Any metal parts.

      (10)(a) The following shall not be used on the

front shoes of thoroughbred horses while racing or training on any racing

surface:

      1. Horse shoes (racing plates) that have toe

grabs;

      2. Bends;

      3. Jar calks;

      4. Stickers; and

      5. Any other traction device worn on the front

shoes of thoroughbred horses.

      (b) Wear plates with a height no greater than two

(2) millimeters may be used on the front shoes of thoroughbred horses while

racing or training.

      (11) Indiscriminate or brutal use on a horse of a

riding crop or any other equipment, as determined by the stewards, at any time

on the grounds of a licensed racing association or training center under the

jurisdiction of the commission shall be prohibited.

 

      Section 12. Sex Alteration. Any alteration in the

sex of a horse shall be reported by the horse's trainer to the racing secretary

and The Jockey Club promptly. The alteration shall be noted on the horse's

registration certificate, racing permit, or entry in the electronic system.

 

      Section 13. A licensed racing association or

training center under the jurisdiction of the commission shall report the death

or euthanization of any horse on its grounds immediately to the chief commission

veterinarian.

 

      Section 14. Postmortem Examination. A horse that

dies or is euthanized on the grounds of a licensed association or training center

under the jurisdiction of the commission shall undergo a postmortem examination

at the discretion of the commission and at a facility designated by the

commission, through its designee, as follows:

      (1) If a postmortem examination is to be

conducted, the commission, through its designee, shall take possession of the

horse upon death and shall not return the remains of the horse after completion

of the postmortem examination. All shoes and equipment on the horse’s legs

shall be left on the horse;

      (2) If a postmortem examination is to be

conducted, the commission, through its designee, shall collect blood, urine,

bodily fluids, or other biologic specimens immediately, if possible before

euthanization occurs. The commission may submit blood, urine, bodily fluids, or

other biologic specimens collected before euthanization or during a postmortem

examination for analysis. The presence of a prohibited substance in a specimen

collected during the postmortem examination may constitute a violation of 810

KAR 1:018; and

      (3) All licensees shall comply with postmortem

examination requirements. In proceeding with a postmortem examination the

commission, through its designee, shall coordinate with the owner or owner’s licensed

authorized agent to determine and address any insurance requirements.

 

      Section 15. Incorporation by Reference. (1)

"ISO 11784", 1996/Amd.1:2004, is incorporated by reference.

      (2) This material may be inspected, copied, or

obtained, subject to applicable copyright law, at the Kentucky Horse Racing

Commission, 4063 Iron Works Parkway, Building B, Lexington, Kentucky, Monday

through Friday, 8 a.m. to 4:30 p.m. (KSRC Ch. 12,

12.01 to.12; 1 Ky.R. 906; eff. 5-14-75; Am. 3 Ky.R. 458; eff. 1-5-77; 4 Ky.R.

591; eff. 10-4-78; 7 Ky.R. 254; eff. 10-1-80; 670; eff. 4-1-81; 10 Ky.R. 676;

eff. 12-2-83; 15 Ky.R. 1154; eff. 1-13-89; 18 Ky.R. 2005; eff. 2-19-92; TAm

eff. 8-9-2007; 35 Ky.R. 416; 1779; eff. 2-6-09; 35 Ky.R. 2160; 2436; eff.

6-5-09; 37 Ky.R. 1562; 2216; 2386; eff. 5-6-2011; 38 Ky.R. 150; 610; eff.

10-7-11.)
Read Entire Law on www.lrc.ky.gov