The National Horsemen’s Benevolent & Protective Association (National HBPA) has filed a petition for rulemaking under the Horseracing Integrity and Safety Act (HISA), urging the Federal Trade Commission (FTC) to establish no-effect thresholds. These thresholds represent laboratory detection levels, below which no owner or trainer would face penalties for innocuous and pharmacologically insignificant concentrations of foreign substances that do not affect a horse's performance.
The National HBPA's petition aims to address what it describes as unfair prosecutions by HISA’s enforcement arm, the Horseracing Integrity & Welfare Unit (HIWU). The association argues that HIWU's stringent zero-tolerance policies are unjustly penalising horsemen for minuscule substance detections, often at levels as low as one-trillionth of a gram per millilitre, which have no meaningful impact on horse safety or performance.
Eric Hamelback, CEO of the National HBPA, emphasised the need for a more rational and fair system that does not tarnish the reputations of trainers and owners for negligible substance traces. He argued that the current process harms the industry by stigmatising individuals with otherwise impeccable records while failing to enhance horse safety.
The petition highlights that other federal agencies, like the Department of Transportation and the Environmental Protection Agency, use no-effect thresholds to avoid unnecessary alarm and unjust penalties. For instance, the Department of Transportation allows up to 100 nanograms per millilitre of oxycodone in drug tests for commercial airline pilots, contrasting with HIWU’s zero-tolerance policy.
National HBPA President Dr. Doug Daniels stressed the scientific consensus that extremely small amounts of foreign substances, often resulting from uncontrollable environmental transfers, do not influence horse performance. He urged the FTC to follow scientific guidance and implement no-effect thresholds.
The petition includes testimonies from horsemen affected by HIWU's stringent policies. One example is Mike Lauer, a trainer who faced significant financial and reputational damage due to an inadvertent contamination incident involving a groom’s prescription medication. Despite proving the accidental nature of the contamination, Lauer was still penalised.
Another case involves trainer Rusty Arnold, who accepted penalties for a minimal detection of a Tramadol metabolite to avoid prolonged legal battles. His situation sparked industry-wide outcry and led to a petition signed by over 750 horsemen demanding no-effect thresholds.
Although HISA proposed some no-effect thresholds in recent rule changes, the National HBPA argues these measures are insufficient and calls for comprehensive thresholds for all permitted substances. The petition asserts that HISA’s failure to establish these thresholds violates the law and urges the FTC to rectify this by issuing allowable limits.
Peter Ecabert, general counsel of the National HBPA, concluded by calling on the FTC to enforce the law and ensure HISA’s compliance, emphasising the need for a balanced and scientifically grounded approach to regulating substance use in horse racing.