TITLE 11. GAMING

VIRGINIA RACING COMMISSION

REGISTRAR'S NOTICE: The Virginia Racing Commission is exempt from the Administrative Process Act pursuant to subdivision B 21 of § 2.2-4002 of the Code of Virginia when promulgating regulations relating to the Virginia Breeders Fund created pursuant to § 59.1-372 of the Code of Virginia.

Title of Regulation: 11 VAC 10-130. Virginia Breeders Fund (amending 11 VAC 10-130-77).

Statutory Authority: § 59.1-369 of the Code of Virginia.

Effective Date: October 14, 2003.

Summary:

The amendment provides that only the first foal from embryo/ovum transplants, each year, be allowed to compete in live harness racing within the Commonwealth. This amended regulation brings the Commonwealth into conformance with other major racing jurisdictions and the United States Trotting Association's regulations regarding embryo/ovum transplant foals.

Agency Contact: William H. Anderson, Director of Policy and Planning, Virginia Racing Commission, P.O. Box 208, New Kent, VA 23124, telephone (804) 966-7404, FAX (804) 966-7418 or e-mail .

11 VAC 10-130-77. Foal registration.

A. Requirements. For an owner or lessee of a dam to be certified to receive breeder awards from the Virginia Breeders Fund, the owner or lessee must register its foal with the commission or its designee by satisfying the following requirements:

1. The owner, lessee or his authorized agent must submit an application, on a form approved by the commission, including the name of the stallion; the name of the dam; the sire of the dam; sex; color; year of foaling; and name, address and telephone number of the owner, lessee or his authorized agent;

2. The application must be signed and dated by the owner, lessee or his authorized agent;

3. If the dam is held under a lease, a statement to that effect and a copy of the lease, which must include a statement that the lessee is authorized to register the foal, must accompany the application; and

4. All Virginia-bred Standardbred horses must be registered with the commission or its designee prior to being entered in races.

B. Registration fees. A foal may be registered with the commission or its designee.

C. Embryo/ovum transplants. Effective with foals of 2003 and thereafter, foals other than the first foal each year produced by any method including but not limited to embryo/ovum transplant shall be ineligible for racing or breeding in the Commonwealth of Virginia. This regulation shall not apply in the case of same birth twins. In addition, any future offspring of foals not eligible for racing or breeding under this regulation shall also not be eligible for racing or breeding in the Commonwealth of Virginia.

VA.R. Doc. No. R04-23; Filed October 14, 2003, 9:24 a.m.

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