PART 4 - PROHIBITED SUBSTANCES - (C)50 to (C)63
59. Powers to carry out further enquiries following a positive test
59.1 This Rule applies where any Sample from a horse tests positive for a Prohibited Substance.
59.2 Where the Prohibited Substance may have originated externally to the horse and is also endogenous to it
- 59.2.1 the Authority may direct that the horse be further examined by a Person appointed by the Authority in order to establish whether the quantity of the substance found is produced naturally by the horse, and
59.2.2 if the Authority does not direct such further examination, the owner or Trainer of the horse may request it.
59.3 In exercise of its powers under Part (A)5, the Authority may decide to enquire further into the matter by authorising the removal of samples of any food or other substances found at the Trainer's yard and, in such a case
- 59.3.1 the Trainer must, on request, provide samples of the substances requested, and
59.3.2 the Authority may retain the samples until the conclusion of the enquiry process and may subject them to such testing as it considers appropriate.
59.4 The Trainer
- 59.4.1 may appoint a scientific witness who meets the criteria notified to the Horsemen's Group to observe any Analysis of Samples obtained under Paragraph 59.2 or 59.3 which is carried out by staff at HFL, or
59.4.2 on the release to the Trainer of samples obtained under Paragraph 59.3, may arrange for testing to be carried out at a laboratory nominated by him.
59.5 Unless the Authority directs otherwise, the costs of any Analysis referred to in Paragraph 59.2.1 will be divided equally between the Authority and the Trainer.
59.6 For the purposes of Paragraph 59.4.2
- 59.6.1 the Trainer must make a written request to the Authority's Compliance Department for the samples to be released,
59.6.2 any laboratory nominated by the Trainer must be accredited to IS025 standards for its relevant analytical chemistry procedures, and
59.6.3 if the Authority appoints an analyst to review the laboratory's processes, the analyst must be given the option of witnessing the Analysis of the samples.