1. (1) the mare is purchased for at least $50,000 (or such other amount as the fund may determine annually and prominently disclose on the fund’s website on or before July 1st of each year) in the public auction;
2. (2) the mare is present in New York State within 15 days after the sale is concluded;
3. (3) the foal from public auction mare is foaled in New York State; and
4. (4) thereafter, the mare is continuously in residence in New York State from within 120 days after last cover in the year of conception of another foal and remains in residence until foaling (such mare shall not be subject to breed-back requirements set forth in section 4081.3 of this Part). In the event that any of the foregoing conditions in this subdivision are not met, no breeder, owner or stallion awards attributable to the foal from public auction mare shall be due or owing to the individual or entity that purported to purchase the public auction mare in accordance with this section, provided, however, that nothing in this subdivision shall affect the owner awards or stallion awards that may be due and owing to individuals or entities that are not controlled by or affiliated with the individual or entity that purported to purchase the public auction mare in accordance with this section.

In order to qualify for registration as a New York-bred, a thoroughbred horse must have been foaled in New York State and:

(a) For resident mares.

In order to qualify for registration as a New York-bred, the foal of a resident mare must have been foaled in New York State and the dam of such foal must have been continuously in residence in New York State from the date of conception in New York State or within 120 days after her last cover in the year of conception occurring outside New York State until foaling.

(b) For non-resident mares.

In order to qualify for registration as a New York-bred, the foal of a non-resident mare must have been foaled in New York State, and the dam of such horse must have been bred back in New York State to a registered New York stallion in the year of foaling and must have remained in New York State for a minimum of 90 consecutive days after arrival. If the dam of such foal is bred to a stallion outside of New York State in the year of foaling, the foal of the new resident mare shall not be eligible for registration as a New York-bred.

(c) Mares from public auction.

Effective for public auction sales occurring on or after November 1, 2019, a non-resident mare that is purchased in foal through public auction will be deemed to be a resident mare for all purposes if each of the following conditions is satisfied: