The National Horsemen's Benevolent & Protective Association (HBPA) has filed a Petition for Rulemaking under the Horseracing Integrity and Safety Act (HISA), requesting the Federal Trade Commission (FTC) to establish no-effect thresholds. These thresholds would be laboratory detection levels, below which trainers and owners would not be punished for trace amounts of foreign substances that have no significant impact on a horse. The petition aims to address concerns about the Horseracing Integrity & Welfare Unit's (HIWU) current zero-tolerance policies, which have led to penalising horsemen for minute, pharmacologically irrelevant concentrations of substances.
The HBPA argues that no-effect thresholds would prevent the punishment of trainers and owners for minuscule amounts of substances that do not affect horse performance.
Comparisons are made to other federal agencies, such as the Department of Transportation and the Environmental Protection Agency, which use no-effect thresholds for various substances.
HIWU's enforcement of zero-tolerance policies has resulted in penalties for horsemen due to extremely low levels of substances, often resulting from environmental contamination.
Examples include Mike Lauer's suspension and fine for a Metformin positive caused by a groom's accidental contamination, and Rusty Arnold's penalty for a metabolite of Tramadol found in his horse.
The petition emphasises the need for a more reasonable and scientifically grounded approach to drug testing in horse racing.
Dr. Doug Daniels, President of the National HBPA, and other horsemen highlight the challenges of preventing environmental contamination and the unfairness of current policies.
The HBPA accuses HISA of not publishing no-effect thresholds for most substances on its permitted list, which they claim violates the Act.
The petition urges the FTC to enforce the creation of these thresholds to ensure compliance with the law.
Over 750 horsemen have signed the petition, supporting the call for no-effect thresholds and criticising HIWU's handling of drug testing.
Emphasises the need to protect horsemen from unjust penalties and to focus on meaningful regulations that catch actual cheaters.
Praises the HBPA's efforts to bring common sense to the testing process, highlighting the natural behaviour of horses and the difficulty in controlling environmental contamination.
The HBPA's petition represents a significant push for regulatory change within the horse racing industry, seeking to balance the integrity of the sport with fair treatment of horsemen. The FTC's response to this petition will be crucial in determining the future of drug testing and enforcement under HISA.