LD 1985
pg. 12
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LR 3053
Item 1

 
2.__Prohibited use or exhibition of drugged animal.__A person may
not enter or use in an event an animal that has been administered a
prohibited substance. The commissioner may require that an animal
be tested for the presence of a prohibited substance before, during
or after an event.

 
3.__Animals subject to examination; scope; request for test.__
An animal entered in an event is subject to examination under the
direction of a licensed veterinarian or an agent of the licensed
veterinarian.__The licensed veterinarian, with the approval of
the commissioner, may appoint technicians and agents to perform
duties under this section that are not prohibited by other
provisions of law.__The examination may include physical, saliva,
urine or blood tests or other tests or procedures that the
licensed veterinarian considers necessary to carry out the
purposes of this section.__The licensed veterinarian may examine
an animal entered in an event if that animal is on the grounds of
the event.__The licensed veterinarian also may examine an animal
withdrawn by the owner or trainer of the animal within 24 hours
prior to an event for which the animal had been entered.

 
4.__Refusal to submit animal for examination.__An owner or
trainer may not refuse to secure or restrain an animal for
examination under this section by a licensed veterinarian or a
technician or agent of the licensed veterinarian and may not
interfere with the restraining or securing of an animal for that
examination.

 
5.__Presence of prohibited substance; prima facie evidence.__
If the chemical analysis of a test performed under subsection 3
indicates the presence of a prohibited substance, it is prima
facie evidence that the substance has been administered to the
animal.__For purposes of this section, each administration of a
prohibited substance to an animal and each occasion on which a
prohibited substance was administered in violation of subsection
1 constitutes a separate violation.

 
6.__Authority of commissioner to make rules.__The commissioner
may adopt rules relating to the administration of tests, the care
and custody of test samples and all other matters necessary to
carry out the purposes of this section. Rules adopted pursuant to
this subsection are routine technical rules as defined in Title
5, chapter 375, subchapter 2-A.

 
7.__Responsibility of owner and trainer for condition of
animal; substitute trainer.__In the absence of substantial
evidence to the contrary, the owner and trainer of an animal are
responsible for the condition of the animal, including the
presence of a prohibited substance, and are charged with


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