SECTIONS 24000-24018 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 24000-24018

24000. The Legislature finds and declares the following:
(a) That the public has a valuable interest in public horse shows,
horse competitions, and horse sales.
(b) That it is the intent of this chapter to ensure the integrity
of public horse shows, horse competitions, and horse sales through
the control of performance and disposition enhancing medications
while limiting permitted therapeutic usage at horse shows and
competitions.

24001. For the purposes of this chapter:
(a) "Event" means any public horse show, competition (including
cutting horse competitions, endurance riding competitions,
competitive trail competitions, gymkhanas, and any other competition
as determined by the secretary by regulation), or sale, in which
money, goods, or services are exchanged for the right to compete for
a single set of placings leading to points or awards at the show or
competition, or to permit a horse to be consigned for sale. "Event"
does not include any of the following:
(1) Those competitions subject to the jurisdiction of the
California Horse Racing Board.
(2) Sales consisting solely of racing stock.
(3) A rodeo-related competition including both rough stock and
timed performance competitions when held apart from a horse show.
(4) Roping club events when held apart from a horse show.
(5) Cattle team pennings when held apart from a horse show.
(6) Barrel racing when held apart from a horse show.
(7) Parade horse competitions.
(8) Public horse shows and public horse competitions that do not
last longer than one day and whose total cumulative fees to enter
into any one or all classes do not exceed four dollars and
ninety-nine cents ($4.99), unless otherwise prescribed by the
secretary by regulation. "Grounds fees," "stall fees," or any other
fee composed of money, goods, or services, which is assessed to
permit competitors or consignors to enter into an event are
considered a part of this total cumulative fee.
(b) "Event manager" means the person in charge of an event,
including the entity or individual financially responsible for the
event that is responsible for registering the event with the
department, and who is responsible for the assessment, collection,
and remittance of fees. "Event manager" includes horse show
secretaries and managers, competitive event managers, and horse sale
managers and sale owners.
(c) "Horse" means and includes all horses, mules, and asses.
(d) "Licensed veterinarian" means any person licensed as a
veterinarian by the State of California.
(e) "Prohibited substance" is any stimulant, depressant,
tranquilizer, anesthetic, including any local anesthetic, sedative
analgesic, corticosteroid, anabolic steroid, or agent that would sore
a horse, which could affect the performance, soundness, or
disposition of a horse, or any drug regardless of how harmless or
innocuous it might otherwise be that could interfere with the
detection of any prohibited substance. It also includes any
metabolite or derivative of any prohibited substance.
(f) "NSAIDs" are nonsteroidal anti-inflammatory drugs.
(g) "Therapeutic administration" means the administration of a
drug or medicine that is necessary for the treatment of an illness or
injury diagnosed by a licensed veterinarian. The administration of a
prescription drug or medicine shall only be as given or prescribed
by the licensed veterinarian. The administration of a nonprescription
drug or medicine shall be in accordance with the directions on the
manufacturer's label.
(h) "Exempt medications" are oral or topical medications
containing prohibited substances determined by the secretary to be
exempt from this chapter when administered therapeutically.
(i) "Public" horse shows, competitions, or sales are those events
that permit a person to enter or consign a horse for sale in exchange
for money, goods, or services. Any club or group that permits people
to join, enter into competition, or consign a horse for sale in
exchange for money, goods, or services, is "public" for the purposes
of this chapter.
(j) "Stimulant or depressant" means any medication that stimulates
or depresses the circulatory, respiratory, or central or peripheral
nervous system.
(k) To "sore" means to apply an irritating or blistering agent
internally or externally for the purpose of affecting the
performance, soundness, or disposition of a horse.
(l) "Trainer" means any person who has the responsibility for the
care, training, custody, or performance of a horse, including, but
not limited to, any person who signs any entry blank of any public
horse show, competition, or sale, whether that person is an owner,
rider, agent, coach, adult, or minor.

24002. The secretary has jurisdiction of all events under this
chapter and shall administer and enforce this chapter.

24003. Except as otherwise prohibited by law, the full use of
modern therapeutic measures for the improvement and protection of the
health of the horses is permitted.

24004. No horse shall be shown in any class at a public horse show,
horse competition, or horse sale if it has been administered in any
manner any prohibited substance in violation of this chapter.

24005. The trainer or owner, or both the trainer and owner, in the
absence of substantial evidence to the contrary, is responsible for a
horse's condition and is charged with knowledge of all of the
provisions contained in this chapter and the rules and regulations
adopted pursuant thereto. If any trainer is prevented from performing
his duties, including responsibility for the condition of any horse
in his care, by illness or other cause, or is absent from any public
horse show, horse competition, or horse sale where a horse under his
care is entered and stabled, he shall immediately notify the horse
show secretary, horse competition secretary, or manager of the horse
sale and at the same time a substitute shall be appointed by the
trainer and such a substitute shall place his name on the entry blank
at that time. Such substitute shall have the same responsibilities
as the substituted trainer would have had for the condition of any
horse in his care.

24006. Any trainer or owner, or both the trainer and owner, event
manager, or any person who administers, attempts to administer,
instructs, authorizes, aids, conspires with another to administer, or
employs anyone who administers or attempts to administer a
prohibited substance to a horse in violation of this chapter shall be
subject to the penalties provided in this chapter that are
applicable to the trainer or owner. The trainer or owner is
responsible for complying with this chapter after any course of
medical therapy has been administered or prescribed by a licensed
veterinarian employed by the trainer or owner to examine and treat a
horse. A licensed veterinarian who is employed by a trainer or owner
to examine and treat a horse is not subject to the penalties provided
in this chapter solely on account of that examination and treatment
or prescription.

24007. (a) In addition to any other penalty or fine prescribed by
law, a trainer or owner, or both the trainer and owner, of a horse
found to have received a prohibited substance or NSAID in violation
of this chapter, or determined to be in violation of Section 24009
shall be subject to a civil penalty of not less than one hundred
dollars ($100) or more than ten thousand dollars ($10,000) for each
violation, to be recovered by the secretary in any court of competent
jurisdiction.
(b) In addition to the penalty specified in subdivision (a) or any
other penalty or fine prescribed by law, the secretary may suspend
any trainer or owner, or both the trainer and owner, from all
competitions at any public horse show or competition for a period of
not less than 90 days or more than one year for each violation. It is
unlawful for any person suspended from competition by the secretary
to compete in any public horse show or competition during the period
of suspension. Any person suspended from competition by the secretary
who competes in any public horse show or competition during the
period of suspension is subject to the civil penalty prescribed by
subdivision (a) for each entry during the period of suspension.
(c) The owner or owners of a horse found to have received a
prohibited substance or NSAID in violation of this chapter or
determined to be in violation of Section 24009 shall forfeit all
prize money or sweepstakes and any trophies, ribbons, and points won
at any public horse show or competition by the horse and the same
shall be redistributed by the horse show or competition in accordance
with its rules or bylaws. The owner shall pay a fee of fifty dollars
($50) to the public horse show or competition. The horse may be
suspended for any period of time specified by the secretary. If the
violation occurs at a horse sale, the contract of sale is voidable at
the buyer's discretion.
(d) In lieu of civil prosecution by the secretary, the secretary
may levy a civil penalty against a person violating any provision of
this chapter.
(e) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be given an opportunity to be heard, including the right to
review the secretary's evidence and a right to present evidence on
his or her own behalf.
(f) Review of the decision of the secretary may be sought by the
person against whom the penalty was levied within 30 days of the date
of the decision pursuant to Section 1094.5 of the Code of Civil
Procedure.
(g) After the exhaustion of the review procedure provided in this
section, the secretary or his or her representative, may file a
certified copy of a final decision of the secretary that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk of
the superior court of any county. Judgment shall be entered
immediately by the clerk in conformity with the decision or order. No
fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with the
entry of judgment pursuant to this section.

24008. The horses at a public horse show, competition, or horse
sale are subject to examination under the direction of a licensed
veterinarian of the department or agent thereof. The appointed
licensed veterinarian, with the approval of the secretary, may
appoint technicians and agents to perform certain duties under this
chapter that are not prohibited by other provisions of law. The
examination may include physical, saliva, urine, blood tests, or any
other tests or procedure in the discretion of the licensed
veterinarian necessary to effectuate the purposes of this chapter.
Any or all horses in or from a class or all classes in a public horse
show or competition or any horse entered into or from any class or
competition or sale, whether in competition or not, if the horse is
on the show or sale grounds, or any horse withdrawn by any person or
trainer within 24 hours prior to a class for which it has been
entered as well as any horse withdrawn from any horse sale, may be
examined.

24009. Whether a horse is in competition or not, refusal to submit
a horse in a public horse show, competition, or sale for examination
or to cooperate with the licensed veterinarian or his or her
technicians and agents shall constitute a violation of, and subject
the responsible person to, the same penalties that are applicable to
prohibited substances or NSAIDs under Section 24007. A suitable
sample shall be collected from a horse selected for testing by a drug
testing agent of the department unless the agent releases the horse
from testing.

24010. If the chemical analysis of blood, urine, saliva, or other
samples taken from a horse indicate the presence of a prohibited
substance or NSAID or any metabolite or derivative thereof, it shall
be prima facie evidence that the prohibited substance or NSAID has
been administered to the horse. A hearing shall be held when a
positive report is received from a chemist identifying a prohibited
substance or any metabolite or derivative thereof, unless the
requirements of Section 24011 have been met or the prohibited
substance or NSAID consists solely of an exempt medication. The
trainer or owner, or both the trainer and owner, responsible for the
condition of the horse shall not be subject to the penalty prescribed
under this chapter or suspended, and no horse shall be barred from
competition until after the conclusion of the hearing and a written
ruling thereon has been made by the secretary.

24011. A horse exhibited at an event that receives a prohibited
substance or any NSAID for which a maximum detectable plasma level
has been established in Section 24011.5, within 48 hours prior to any
withdrawal time established by or pursuant to this chapter, shall
not be eligible for show, competition, or sale, unless the following
requirements have been met and the facts requested are submitted to
the secretary in writing:
(a) Medication shall be therapeutic and necessary for treatment of
an illness or injury.
(b) A horse shall be withdrawn from a show or competition for a
period of not less than 24 hours after a prohibited substance is
administered, unless the secretary determines a different withdrawal
period for a specific prohibited substance or class of substances. A
horse shall be withdrawn from a public sale for a period of not less
than 72 hours after a prohibited substance or NSAID is administered.
The withdrawal period for anabolic steroids is 90 days after
administration and the withdrawal period for fluphenazine or
reserpine is 45 days after administration.
(c) The medication shall be administered by a licensed
veterinarian, the trainer, or owner.
(d) Medication shall be identified as to the amount, strength, and
mode of administration.
(e) The statement shall include the date and time of
administration of the medication.
(f) The horse shall be identified by its name, age, sex, color,
and entry number.
(g) The statement shall contain the diagnosis of the attending
veterinarian and reason for administering the medication.
(h) The statement shall be signed by the person administering the
medication.
(i) The statement shall be filed with the event manager of the
public horse show or competition or general manager of the horse sale
within one hour after administration or one hour after the event
manager of the event returns to duty, if administration is at a time
other than during show or sale hours.
(j) The statement shall be signed by the event manager or his or
her designated representative and time of receipt recorded on the
statement by the event manager or his or her designated
representative.
If the chemical analysis of the sample taken from a horse so
treated indicates the presence of a prohibited substance and all the
requirements of this section have been fully complied with, the
information contained in the medication report and any other relevant
evidence shall be considered at any hearing provided under this
chapter in determining whether any provision of this chapter has been
violated.

24011.5. The therapeutic administration of NSAIDs is permitted
prior to and during all events except public auctions, provided that
the dosage or combined dosages do not exceed any limits established
by regulation. However, at horse shows and competitions, the maximum
number of detectable NSAIDs by laboratory analysis shall be limited
to two, except that phenylbutazone and flunixin are not permitted in
the same plasma or urine sample. Additionally, the maximum detectable
plasma levels for the following NSAIDs are:
(a) 15.0 micrograms per milliliter of phenylbutazone.
(b) 1.0 micrograms per milliliter of flunixin.
(c) 0.250 micrograms per milliliter of ketoprofen.
(d) 2.5 micrograms per milliliter of meclofenamic acid.
(e) 40 micrograms per milliliter of naproxen.
(f) 0.1 micrograms per milliliter of eltenac, upon approval of
eltenac by the FDA.

24012. (a) (1) To provide funds for enforcement of this chapter,
the event manager of every event shall charge and collect the
applicable fee for each horse entered or exhibited in the event, and
each horse consigned for public sale. The secretary may, by
regulation, set the applicable fee, in consultation with the advisory
committee appointed pursuant to Section 24013.5, at an amount
necessary to carry out this chapter. Event managers shall be notified
of the applicable fee at the time of registration of an event. The
event manager of the registered event shall remit the fee established
pursuant to this section, in addition to the completed assessment
report for the registered event, as prescribed by the secretary, to
the department within 15 days after completion of the event. The
event manager shall maintain event records for a period of two years
after the completion of the event. Upon request by the department,
the event records shall be made available to the department for
inspection and photocopying to enable verification of appropriate fee
collection and remittance.
(2) Notwithstanding subdivision (a) of Section 24001, a show event
held over multiple consecutive days, with a different judge on each
day, that is registered and managed by the same event manager on the
same premises, shall be considered one event for the purpose of the
assessment of the fee.
(b) Any event manager who does not pay to the department the full
amount that is due pursuant to this section shall pay a civil penalty
of 10 percent of the amount due plus interest at the rate of 1 1/2
percent per month of the unpaid balance computed from the date of the
event. The event manager is personally liable for fees and penalties
owed the department pursuant to this section.
(c) Fees and penalties collected pursuant to this section shall be
deposited in the Department of Food and Agriculture Fund. All funds
received by the department from fees and penalties pursuant to this
section shall be used exclusively to carry out the intent and purpose
of this chapter, including, but not limited to, pharmacological
studies, drug testing, and drug research, inspection for drugs,
prosecution of alleged offenders, administrative costs, attorney's
and expert witness fees, and any other costs necessary to carry out
this chapter.

24013. (a) The secretary shall adopt those reasonable rules and
regulations as are necessary to carry out this chapter.
(b) The secretary shall adopt an exempt medications list that
identifies all exempt medications. All changes to the list shall take
effect on January 1 of the following year. At the time an event is
registered pursuant to Section 24015, a copy of the exempt
medications list shall be provided to the event manager for reference
purposes. The exempt medications list shall also be made available
to any person upon request.
(c) In making and adopting regulations, the secretary shall first
consult with the advisory committee appointed pursuant to Section
24013.5.

24013.5. The secretary shall appoint an advisory committee to serve
without compensation. The committee shall meet at least once a year,
however, the chairperson may call for additional meetings as he or
she determines are necessary. The committee shall elect a chairperson
at its first meeting after appointment. Thereafter selection of the
chairperson shall take place as deemed appropriate by, and at the
pleasure of, the committee. Members of the committee and their
alternates may include, but not be limited to, representation from
the California State Horsemen's Association, the Equestrian Trails,
Inc., the California Professional Horsemen's Association, the Los
Angeles County Horse Show Exhibitors Association, the California
Dressage Society, the Pacific Coast Quarter Horse Association, the
Central California Quarter Horse Association, the Division of Fairs
and Expositions, the North American Trail Ride Conference, the
American Horse Shows Association, the University of California School
of Veterinary Medicine, the Appaloosa Club, the International
Arabian Horse Association, the Pinto Horse Association of America,
the California Veterinary Medical Association, the NorCal Hunter
Jumper Association, the California Farm Bureau Federation, the
California Gymkhana Association, the American Morgan Horse
Association, the Pacific Coast Cutting Horse Association, the Pacific
Coast Horse Shows Association, and any other organization the
secretary deems appropriate. These advisory committee members and
their alternates shall be representative of the industry that this
chapter regulates. The members of the committee may also include, but
are not limited to, representatives of breed associations
represented within the state and other organizations with an interest
in the deterrence of drug abuse in the industry that this chapter
regulates. In addition, the secretary may appoint one public member
to the committee.
Upon the secretary's request, the committee shall submit to the
secretary the names of three or more natural persons, each of whom
shall be a citizen and resident of this state for appointment by the
secretary as a public member and an alternate public member of the
committee. The secretary may appoint one of the nominees as the
public member on the committee. If all nominees are unsatisfactory to
the secretary, the committee shall continue to submit lists of
nominees until the secretary has made a selection. Any vacancy in the
office of the public member of the committee shall be filled by
appointment by the secretary from the nominee or nominees similarly
qualified and submitted by the committee. The public member of the
committee shall represent the interests of the general public in all
matters considered by the committee and shall have the same voting
and other rights and immunities as other members of the committee.

24014. It is the intent of the Legislature that each of the persons
appointed to the advisory committee pursuant to Section 24013.5
represent and further the interests of the industry that person is
selected to represent, and that this representation and furtherance
serve the public interest. Accordingly, the Legislature finds that,
with respect to each person who is appointed to the committee, the
industry represented is tantamount to, and constitutes, the public
generally within the meaning of Section 87103 of the Government Code.

24015. (a) Every event shall be registered with the department,
unless otherwise prescribed by the secretary by regulation. The event
manager of an event shall file a completed registration form with
the department, as prescribed by the secretary, at least 30 days
prior to the beginning of the event, which shall constitute the
registration of the event.
(b) An event manager who fails to register an event required to be
registered pursuant to this chapter is subject to a civil penalty to
be levied by the secretary in an amount not less than one hundred
dollars ($100) or more than two thousand five hundred dollars
($2,500). In determining the amount of the penalty, the secretary
shall consider any previous violations, and whether the event manager
cooperated in good faith with the department.
(c) In addition to the civil penalty specified in subdivision (b),
the secretary may, after notice and an opportunity for a hearing,
suspend the event manager from hosting or managing a public horse
show or competition for a period of not less than 90 days or more
than one year for each violation. It is unlawful for an event manager
suspended from hosting or managing a public horse show or
competition by the secretary to conduct a public horse show or
competition during the period of suspension. An event manager
suspended by the secretary from hosting or managing a public horse
show or competition, who hosts or manages a public horse show or
competition during the period of suspension, is subject to the civil
penalty prescribed by subdivision (b) for each public horse show or
competition held during the period of suspension.

24016. No provision contained in this chapter shall in any way
affect existing statutes governing horseracing or affect horse sales
or horse auction sales when such sales are solely for the sale of
racehorses or breeding stock that is used in the production of
racehorses and when such sales are held or conducted on the premises
of any racing association under the jurisdiction of, and with the
authorization and approval of, the California Horse Racing Board.
"Racehorse" as used in this section means each live horse,
including a stallion, mare, gelding, ridgeling, colt, or filly, that
is eligible to participate in a horseracing contest in California
wherein parimutuel racing is permitted under rules and regulations
prescribed by the California Horse Racing Board. The exemption
provided in this section shall not apply with respect to racehorses
participating in a competition, show, or sale covered by this
chapter.

24017. This chapter shall not apply to any horse one year of age or
less entered in any public horse sale, if public notice of the
administering of any drug or medication has been given as prescribed
by the secretary.

24018. The secretary may accept on behalf of the state, donations
of money from any person, association, or agency interested in the
control of drugging of horses. Any fines, penalties, fees, or
donations collected by the secretary under this chapter shall be
deposited in the Department of Food and Agriculture Fund. Any
interest earned from the investment of moneys derived pursuant to
this chapter shall also be deposited in the fund. These moneys shall
be used by the department to carry out this chapter.