§ 4-31-12-8 — Positive test prima facie evidence of milkshake or bicarbonate loading or foreign substance

Indiana § 4-31-12-8

• Jurisdiction: Indiana
• Art. 31: PARI-MUTUEL WAGERING ON HORSE RACES
• Ch. 12: Medication of Race Horses

Text

(a) As used in this section, "milkshake or
bicarbonate loading" means a bicarbonate or alkaline substance,
administered to a horse by any possible means, that elevates the horse's
bicarbonate level or pH level above those existing naturally in the
untreated horse at normal physiological concentrations as determined
by the commission.
(b) A finding by the chemist or an authorized commission employee
that a milkshake or bicarbonate loading or a foreign substance, other
than a medication permitted by the rules of the commission, is present
in the tested biological sample shall be considered:
(1) a positive test and a violation of section 2 of this chapter; and
(2) prima facie evidence that:
(A) the milkshake or bicarbonate loading or foreign substance
was administered and carried or attempted to be carried in the
body of the horse while participating in a race; and
(B) the trainer and the trainer's agents responsible for the care
and custody of the horse have been negligent in the handling or
care of the horse.
(c) The commission may establish the concentration level that is an
unacceptable concentration level for substances that it considers
necessary for the detection of a milkshake or bicarbonate loading under
this section.

Legislative History

As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992, SEC.38; P.L.50-1995, SEC.8; P.L.34-2006, SEC.2; P.L.168-2019, SEC.12.