Chairman of Stewards Report –June 2015
Xenon & Argon Gas
In the May column, a warning was issued concerning xenon and argon gas being prohibited substances and advice was provided that the Institute of Biochemistry, German Sport University, Cologne, Germany is now an official racing laboratory under the Australian rules of racing, whereby race-day and stored samples may be analysed for the presence of xenon and argon gas. Further, amendments have been made to define these gases for the purposes of the rules as hypoxia inducible factor (HIF) activators. Further, as the Cologne laboratory is the only laboratory in the world that currently is accredited to test for xenon and argon gases. It has been necessary to accommodate that situation by introducing a new sub-rule, AR178D(7).
177B.(2) For the purposes of subrule (1), the following substances are specified as prohibited substances:-
(l) hypoxia inducible factor (HIF) stabilisers, including but not limited to cobalt and ITPP (myo-inositol trispyrophosphate), and hypoxia inducible factor (HIF) activators, including but not limited to xenon and argon.
Effective 1st May, 2015
AR.178D
(7) Where there is only one Official Racing Laboratory with the capability to analyse a sample to detect and/or certify as to the presence of a particular prohibited substance in that sample and that Official Racing Laboratory detects that prohibited substance in a sample taken from a horse:
(a) the reserve portion of the same sample and, except in the case of a blood sample, the control of the same sample, together with advice as to the identity of the prohibited substance detected is to be referred to that Official Racing Laboratory with the analysis to be supervised by a qualified analyst who was not responsible for the initial certified finding;
(b) In the event of the second analysis by that Official Racing Laboratory to which a sample was referred pursuant to AR.178D(7)(a) detecting the same prohibited substance, or metabolites, isomers or artefacts of the same prohibited substance, in the referred reserve portion of the sample and not in the referred portion of control, the certified findings of both analysts of that Official Racing Laboratory shall be prima facie evidence that a prohibited substance has been detected in that sample for the purpose of these rules.
Effective 1st May, 2015
Offences rule AR175
With the preamble to AR175 being amended, RNSW Stewards have been provided the delegation of the Board of RNSW to penalize persons for offences under AR175. In addition, new sub-rules have been introduced in respect to creating specific offences for inappropriate use of social media platforms and engaging in conduct of a discriminatory nature.
AR.175
The Principal Racing Authority (or the Stewards exercising powers delegated to them) may penalise
(qq) Any person who in their opinion, is guilty of engaging in the publishing or posting on any social media platform or channel any material, content or comment that is obscene, offensive, defamatory, racist, threatening, harassing, discriminating or abusive to any other person or entity involved in the racing industry.
(z) Any person who engages in any conduct which threatens, disparages, vilifies or insults another person (the ‘other person’) on any basis, including but not limited to, a person’s race, religion, colour, descent, and/or national or ethnic origin, special ability/disability or sexual orientation, preference or identity, while the other person is acting in the course of his or her duties in the racing industry.
Effective 1st June, 2015
Apprentice permit to ride in races
The conditions pertaining to probationary apprentices being granted a permit to ride in races after a minimum of twenty satisfactory official barrier trial rides (LR67), have been amended to include a requirement that they ride in a minimum of two trials using full race-day gear. Furthermore, apprentices must attend a minimum of three full race-day mentoring sessions to gain skills required in race-day procedures. At these race-day mentoring sessions, the probationary apprentice will “shadow” a senior jockey to observe race-day activities including weighing out and weighing in, pre and post-race briefings, and attendances at Stewards inquiries.
Reminder to trainers relative to the use of cobalt products
Trainers are again reminded of the introduction of the following new Australian Rule of Racing which took effect from 1 January 2015:
AR.178C (1) The following prohibited substances when present at or below the concentrations respectively set out are excepted from the provisions of AR.178B and AR.178H:-
(l) Cobalt at a mass concentration of 200 micrograms per litre in urine.
Cobalt is a naturally occurring trace element which may normally be present in horses at very low levels as a result of the ingestion of feedstuffs that contain it in trace amounts. Cobalt is also present in the structure of vitamin B12 (cyanocobalamin). However, it is known that excessive amounts of cobalt have an effect on the blood system (AR.178B(1)) and that it is a hypoxia inducible factor (HIF)-1 stabiliser (AR.177B(2)(l)) and a haematopoietic agent (AR.178B(2)). Accordingly, it is a prohibited substance pursuant to AR.178B(1), AR.177B(2)(l) and AR.178B(2) when occurring at levels above those naturally occurring or as a result of routine nutritional sources.
A threshold level has been introduced into the Rules of Racing to recognise that cobalt can be present at very low levels when naturally occurring or as a result of routine nutritional sources.
This threshold has been determined following a national survey of the racing horse population which measured cobalt levels in normal racehorses during training and racing.
The threshold has been set at a level to allow for normal levels of cobalt supplementation through routine nutritional sources. However, trainers are advised that the administration, particularly by injection and on multiple occasions, of certain registered vitamin supplements close to racing may result in a level of cobalt in a subsequent sample that exceeds this threshold. Trainers are therefore advised to avoid the use of these supplements close to racing.
Examples of injectable vitamin supplements that contain cobalt and/or vitamin B12 include, but are not limited to, V.A.M. injection, Hemo-15 and Hemoplex.
Unlabelled medicines
Offences under AR80E, of trainers having in their possession or on their premises, substances or preparations that have not been registered, labelled, prescribed, dispensed or obtained in compliance with relevant State and Commonwealth legislation, namely the Agricultural and Veterinary Chemicals Code Act 1994 (Cth) (Agvet Code), Poisons and Therapeutic Goods Act 1966 (NSW) and the Poisons and Therapeutic Goods Regulation 2008 (NSW), are far too prevalent.
Stewards give notice that penalties for breaches of this rule are to increase forthwith, so as to provide adequate, specific and general deterrence.
All too often, Stewards hear the same unsatisfactory explanation that “someone must have dropped it off to try and it’s been in the stable since.” Trainers are placed on notice that they must take a far more professional approach to what products and substances are brought into their stable and a more professional approach as to whom they source or accept products from.
Late notification of riders
Stewards are now on a regular basis, particularly for Saturday metropolitan race meetings, fielding requests from trainers for permission not to notify a rider at the rider deadline of noon on Wednesday, on the basis that the riders available are not of an acceptable standard to connections.
With significant betting on metropolitan races now taking place from acceptance time, it is less than ideal to have fields with runners without listed riders. Consequently, any permission not to notify a rider must be on the basis that the riding pool available is not acceptable to connections and cannot be on the basis that the trainer is hoping or anticipating that scratchings will see a more prominent rider become available. For example, it will not be acceptable for the trainer to decline a particular rider at rider deadline and then notify that same rider at 8:00am on race morning, when no rider deemed more acceptable becomes available. Breaches will incur penalties at a significantly higher level than normally might apply for a late rider declaration.
Furthermore, any permission of the Stewards not to declare a rider will be accompanied by the condition that the trainer engages and promptly notifies the first suitable rider that becomes available due to a scratching.
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