Policy/Interpretive Statement 2008-01
Enforcement of WAC 260-70-630(3)

On February 14, 2008 the Washington Horse Racing Commission (WHRC) amended WAC 260-70-630 Threshold levels, to permit four androgenic-anabolic steroids up to stated concentrations in test samples. The four permitted androgenic-anabolic steroids, used primarily as an adjunctive therapy for the treatment of debilitated horses are:

1. Stanozolol (Winstrol®);
2. Boldenone (Equipoise®);
3. Nandrolone (Durabolin®); and
4. Testosterone

Each of these androgenic-anabolic steroids is a Class 4 drug (WAC 260-70-680(4)). The regular penalty assessed against any person found to be responsible or party to the improper administration of a class 4 drug or the intentional administration of a class 4 drug resulting in a positive test is a zero to sixty-day suspension and up to a $1,000 fine and possible loss of purse (WAC 260-84-110).

The WHRC is limiting assessment of these penalties on the four androgenic-anabolic steroids until further notice. Until this period has ended, the penalty for each and every positive test showing the presence of one or more of the permitted androgenic-anabolic steroids, over the permitted concentration will be a warning to $100. In making a penalty decision the Board of Stewards will first consider both mitigating and aggravating circumstances. In addition to the mitigating circumstances outlined in WAC 260-84-090, the stewards may also consider the following:

1. The gender and reproductive status of the horse, including if the horse is a mare, and whether or not the mare is pregnant;
2. The substance found in the horse;
3. The number of times (with concentrations) the substance has been previously detected in the horse;
4. The recommended dose;
5. The date the drug was administered and the dose administered as provided by the veterinarian, documented in a veterinarian’s report received per WAC 260-70-540;
6. The number of horses under the control of the trainer;
7. The number of prior violations by the trainer for overages of an androgenic-anabolic steroid (in the last 365 days);
8. The results of any testing conducted by the official veterinarian to monitor the concentration of the drug in the urine;

This limitation of penalty assessment will only apply to positive tests that show any of the permitted androgenic-anabolic steroids in urine. For any other anabolic steroid found or when the evidence indicates a re-administration and/or abuse of one of the permitted androgenic-anabolic steroids the penalty may be up to the maximum penalty allowed in WAC 260-84-110(4).

Any horse to which an androgenic-anabolic steroid has been administered in order to assist in the recovery of a debilitated horse may be placed on the veterinarian's list in order to monitor the concentration of the drug in urine. Any horse which has tested positive for an androgenic-anabolic steroid may also be placed on the veterinarian’s list. Once the level is below the permitted concentration, the official veterinarian may remove the horse from the veterinarian's list.

Once a horse is placed on the veterinarian’s list for either of these reasons the official veterinarian will determine when to test a horse to check the concentration level of the drug. The cost of this test will be paid by the commission.

During this period, the Equine Medical Director will collect and analyze data on the results of all androgenic anabolic steroid tests performed. At the September 11, 2008 WHRC meeting, the Equine Medical Director will report the results of this data collection and analysis. The report to the WHRC will include, at a minimum the following:

1. Number of horses tested;
2. The gender and reproductive status of the horses testing positive (by each of the permitted androgenic-anabolic steroids);
3. Number of positive tests, by each of the four permitted androgenic-anabolic steroids;
4. For each positive test, the report will also include the date, dose, and type of drug administered, plus the size of the stable the horse is being trained in.
5. Whether or not other anabolic steroids were found and the concentrations for each.

Adopted by the Washington Horse Racing Commission
February 14, 2008
Effective – June 1, 2008

Washington Administrative Code (WAC)—Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State. The WAC codifies the regulations and arranges them by subject or agency. The online version of the WAC is updated twice a month.