New CHRB Regulations Upset California Trainers

A memo distributed Feb. 27 by the California Horse Racing Board announcing strict pre-race treatment restrictions of horses at the state's racetracks, effective March 1, was met with surprise and hostility from many of the region's trainers, according to Eoin Harty, the president of the California Thoroughbred Trainers.

The changes, which cleared a timetable for approval this week, will eliminate the administration of nonsteroidal anti-inflammatories, phenylbutazone (Bute), flunixin, ketoprofen, electrolyte solutions, and amino acid solutions after a horse has been entered to compete. Injectable vitamins and the anti-bleeding medication Lasix will continue to be allowed, according to a clarified Feb. 28 announcement from the CHRB.

Though it differs by track and sometimes is based on a specific day of racing, the most common time a horse is entered before a race is roughly 72 hours, or three days. As an example, horses were entered Thursday to race Sunday.  

The new rules state that a horse is considered "entered to race"—and thus ineligible for certain treatments—at midnight the day entries close.

Harty believes the regulation is confusing and at odds with other protocols, noting that horses can race on Bute in the state 48 hours after being treated. 

"What if you shipped your horse from Santa Anita to Golden Gate for a race—let's say late spring or early summer? Hell, it could be 110 degrees on that horse van," Harty said, pointing to what he feels is another shortcoming to the rules. "You want to give your horse some electrolytes when it gets there."

CHRB medical director Dr. Rick Arthur said some specific electrolyte usage might be possible, though the term "electrolyte solutions" was crossed out on the CHRB regulation of permitted substances.

"I don't think it eliminates the ability to use electrolytes; it just doesn't specifically allow them," he said.

During previous CHRB meetings, Arthur urged the restriction of pre-race treatment of entered horses, in part, to eliminate the possibility of "milkshaking"—a term used to describe a horse that has been forcefully administered a mixture of carbonate, sugar, and other substances in an attempt to enhance race performance.

Although Harty and other trainers were surprised by the latest regulation, the CHRB noted they had adequate notice of the proposed changes, as did all entities in the state. They were adopted at a Jan. 22 CHRB board meeting and posted on its website, and another CHRB meeting Feb. 20 proceeded without the regulation being raised for discussion.

"The CHRB received no communications regarding (the rule changes) during the public notice periods" and "no comments during public hearings prior to approvals," they wrote.

"It doesn't negate how asinine the ruling is whether you got fair warning or not," Harty said.

This year's two CHRB meetings took place in Sacramento, though Arthur noted there was active participation from many parties, even from animal welfare groups. Previously, many CHRB meetings were conducted at or near a major racetrack in Southern California.

The rule changes are part of CHRB's intention to reduce medications and increase oversight in the sport. California already operates under the strictest racing regulations of any state, either by CHRB directive, mandated protocols from California Gov. Gavin Newsom, or by "house rules" established by the racetrack.

"Trainers have been asked to bend over backwards. Every day it's something new," Harty said. "And basically they have. They've been very compliant. But this just may be the straw that breaks the camel's back, in my opinion. It certainly isn't good for business in California."

He hopes regulators will take 30 days before adopting the new rules to weigh the pros and cons of implementation. Arthur said the rules will still go into effect March 1.

Trainers and other industry groups "will have the opportunity for input before the final regulation is voted on, I believe, in March," Arthur stated.

The next CHRB meeting is March 19 at the Clubhouse at Cal Expo in Sacramento.