|  Policy
Statement 2007-02
Phenylbutazone Penalties
WAC 260-84-120(2) outlines the penalties when
the laboratory analysis of serum or blood taken
from a horse shows the presence of phenylbutazone
in excess of the quantity authorized in WAC
260-70-640. The purpose of this policy statement
is to establish the commission’s policy
on the penalties for subsequent violations of
WAC 260-70-640.
If a prior offense for using phenylbutazone
in excess of authorized quantities occurred
within 365 days of the current offense, the
prior offense will be counted for the purpose
of applying the penalty table established in
WAC 260-84-120(2). Such a prior offense will
count regardless whether the violation occurred
in Washington or another recognized racing jurisdiction,
and regardless the prior concentration level.
The concentration level column in the penalty
table in WAC 260-84-120(2) is only intended
to apply to the current offense. Prior offenses
will determine whether the penalty is specified
in the “1st offense”, “2nd
offense”, or “3rd and subsequent
offense” columns.
For example, if the current violation is for
a concentration of 7.0 mcg/ml, and the licensee
has a prior offense from six months earlier
in which the concentration level was 6.0 mcg/ml,
the current violation is considered a 2nd offense
within 365 days, and the penalty will be a fine
not to exceed $500.
Adopted by the Washington Horse Racing Commission
March 8, 2007
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