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The Orders and Rules of Racing

SCHEDULES


Schedule 4 - Procedure for a B Analysis

Procedure for B Sample Analysis

1. The procedures in this Schedule apply to the handling of any Sample which is subjected to B Sample Analysis in accordance with Rule (G)7.

2. The Authority will instruct the B Sample laboratory nominated in accordance with Rule (G)7.3 by the Trainer (or failing him, the Owner) to conduct and complete the analysis of the B Sample no later than ten working days from receipt of the instruction.

3. If the selected laboratory is Laboratoire Des Courses Hippiques (LCH) and it is unable to carry out the B Sample Analysis, the Authority will make a similar approach to Deutsche Sporthochschule Koln Institut fur Biochemie - Germany (DSKIB).

4. If both LCH and DSKIB are unable to carry out the B Sample Analysis, it will be carried out by LGC under the same terms.

5. The B Sample Analysis will be confined to confirming whether or not the B Sample contains:

5.1. the substance reported in the Certificate of Analysis relating to the A Sample, and
5.2. if the Prohibited Substance is listed as a threshold substance on the Prohibited List, a concentration of the substance that exceeds the concentration specified for that substance.

6. If appropriate, the B Sample will be despatched by LGC to the B Sample Laboratory conducting the analysis under a secure chain of custody.

7. The B Sample shall remain the property of the Authority.

8. Any remaining residue after analysis of the B Sample has been conducted will be retained by the B Sample Laboratory until otherwise instructed by the Authority.

9. Witnessing the B Sample Analysis

9.1. One of the Trainer, the owner or an appointed representative may witness the B Sample Analysis, provided they are available within the time frame required.
9.2. In the case of a Sample resulting from examination carried out by an Approved Person appointed under Part (A)5 that is subjected to B Sample Analysis, the witness shall either be the Trainer or his appointed representative, and in any other case shall be the Trainer, the Owner, or an appointed representative.
9.3. The attendance of any witness is at the expense of the Person nominating him.
9.4. If the Authority has ordered the B Sample Analysis, it may nominate a witness to attend the B Sample Analysis.

10. Where the B Sample Analysis confirms the presence of the Prohibited Substance revealed by the Analysis of the A Sample (or its presence at or in excess of the concentration specified in Schedule 1, Paragraphs 2 or 9), the B Sample Laboratory will issue a Certificate of Analysis to the Authority with the supporting analytical data.

11. The Certificate of Analysis relating to the A Sample and, if required, the Certificate of Analysis relating to the B Sample together with the supporting analytical data from both analyses will be made available to the Trainer or owner concerned.

12. Where the B Sample Analysis does not confirm the findings in respect of the A Sample, the Authority will be informed in writing, the Sample will be declared "negative" and no Disciplinary Action will be taken unless there are reasonable grounds to believe that

12.1. the integrity of the B Sample may have been deliberately violated, or
12.2. other evidence of a non-forensic nature is available

in either of which events the Authority may proceed on the basis of the Analysis of the A Sample alone.

13. Where the B Sample Analysis is requested by the Responsible Person, the following costs provisions shall apply

13.1 If the B Sample is analysed at LGC, the Disciplinary Panel, under Rule (A)46.4, may order that a contribution to costs is made if it is satisfied that the result of the A Sample should have been accepted having regard to the knowledge of and information available to the Trainer and/or Owner concerned at the time.
13.2 If the B Sample is analysed at LCH or DSKIB, according to Rule (G)7.3 the Responsible Person will be responsible for all costs associated with the transportation of the Sample LCH or DKSIB and the subsequent B Sample analysis.