58 Pa. Code § 163.303
The provisions of this § 163.303 amended through April 24, 1981, effective April 25, 1981, 11 Pa.B. 1391. Immediately preceding text appears at serial page (56247).
The finding of a foreign substance in a test sample from a horse is prima facie evidence that the trainer and his agents responsible for the care or custody of the horse may have been negligent in the handling or care of the horse. Worthington v. Horse Racing Commission, 514 A.2d 311 (Pa. Cmwlth. 1986).
Since horse was left unattended for two to three daylight hours daily, the fact that horse trainer hired night watchman was insufficient to rebut presumption of negligence created under 58 Pa. Code § 163.303(b) when a prohibited foreign substance was found in a test sample. Brown v. Horse Racing Commission, 499 A.2d 1132 (Pa. Cmwlth. 1985).
The discovery of lidocaine in a horse’s urine following a race was sufficient to support the imposition of liability upon a trainer under this section and 58 Pa. Code § 163.302. Sipp v. Horse Racing Commission, 466 A.2d 296 (Pa. Cmwlth. 1983).
Subsection (c), as it read on March 13, 1981, the date of the race, required a horse which had an impermissible level, as set out in 58 Pa. Code § 163.304(2), of the drug phenylbutazone in its system ‘‘shall’’ be disqualified from purse money, and the Commission’s reversal of such a disqualification was clear error even though the section later was changed to ‘‘may’’ be disqualified from purse money. Bush v. Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).
This section cited in 58 Pa. Code § 163.302 (relating to foreign drugs, medications or substances); and 58 Pa. Code § 163.308 (relating to official laboratory).