New rules banning the use of anabolic steroids in the Australian Thoroughbred industry

Friday 10 January 2014

On 1st November 2013, the Australian Racing Board (ARB) introduced new Rules banning the use of anabolic steroids in thoroughbred racehorses. The ban will be enforced from 1st May 2014.

A full copy of the relevant rules pertaining to the ban on anabolic steroids can be found following this advice.

There are many implications arising from the introduction of these rules, and to assist trainers and veterinarians to comply with the new rules the following explanatory statement has been prepared.

Which steroids are banned under these rules?

The new rules ban the use of “anabolic androgenic steroids” in Thoroughbred horses at any time from birth until retirement.

“Anabolic androgenic steroids” include those that are currently registered in Australia by the APVMA for use in horses, such as boldenone, ethylestrenol (in Nitrotain), methandriol, nandrolone, stanozolol and testosterone.

They also include but are not limited to those listed in the WADA prohibited list, such as 1-androstenediol; 1-androstenedione; bolandiol; bolasterone; boldione; calusterone; clostebol; danazol; dehydrochlormethyltestosterone; desoxymethyltestosterone; drostanolone; fluoxymesterone; formebolone; furazabol; gestrinone; 4-hydroxytestosterone; mestanolone; mesterolone; metenolone; methandienone; methasterone; methyldienolone; methyl-1-testosterone; methylnortestosterone; methyltestosterone; metribolone; mibolerone; 19-norandrostenedione; norboletone; norclostebol; norethandrolone; oxabolone; oxandrolone; oxymesterone; oxymetholone; prostanozol; quinbolone; stenbolone; 1-testosterone; tetrahydrogestrinone (THG); trenbolone; and other substances with a similar chemical structure or similar biological effect(s).

Altrenogest (in, for example, Regumate) is still permitted to be used in fillies and mares to regulate their oestrus cycle.

 Which horses are affected by these rules?

The use of anabolic androgenic steroids will be banned in all Thoroughbreds from birth until retirement. There are no therapeutic exemptions of any kind. The ban applies to all unregistered and registered racehorses until their retirement as a racehorse. Horses of any age can be tested at any time and this includes when spelling and in training and racing.

Can I have anabolic steroids present in my stables even when prescribed by a veterinarian?

No – the possession of any anabolic androgenic steroid, including oral paste preparations such as Nitrotain, at any premise used in relation to the training and racing of horses will be an offence under the new rules. In some states and territories, it is already an offence under relevant legislation for a trainer to have in their possession an injectable anabolic steroid preparation.

Further, any person who either administers or attempts to administer an anabolic androgenic steroid to a thoroughbred horse at any time commits an offence under these rules.

How will compliance with this ban be enforced by Principal Racing Authorities?

Compliance with these rules will be enforced by Principal Racing Authorities through regular stable inspections, inspections of medications and medication records, and regular out of competition testing of Thoroughbred horses, as well as through routine race day sampling.

Any registered horse that tests positive at any time for a banned anabolic androgenic steroid will not be eligible to trial or race for 12 months from the date of collection of the sample.

Any unregistered horse that tests positive at any time for a banned anabolic androgenic steroid will not be eligible to trial or race for 12 months from the later of a) the date on which the horse, having been registered, is allowed to start in a race or b) the date of collection of the sample.

Australian Rules of Racing Relating to the ban of Anabolic Steroids

Addition to AR.1 as follows:

AR.1. “Anabolic Androgenic Steroid Clearing Certificate” means a certificate from an Official Racing Laboratory stating that a sample (taken under the supervision of the Stewards or other official appointed by the Principal Racing Authority to do so) is free of anabolic androgenic steroids or that any anabolic androgenic steroids that are present are at or below the relevant concentrations set out in AR.178C(1).

AR 15D.

(1)          This rule applies to all horses:

(a)          born on or after 1st May 2014; and

(b)          which are eligible to be registered under these Rules but have not yet been registered under these Rules.

(2)          The Stewards or other official appointed by the Principal Racing Authority may, at any time, direct that a horse be produced to provide a sample to be analysed to determine whether any anabolic androgenic steroid is present in the system of the horse.

(3)          Where a horse is not produced to provide a sample as directed pursuant to AR 15D(2), that horse is ineligible to start in any race or official trial:

(a)          until at least 12 months after the latter of:

(i)   the date on which the horse, having been registered under these Rules, is allowed to start in a race under AR 45A (subject to any further conditions imposed by the Stewards in their discretion); and

(ii) the date on which the horse is in fact produced to provide a sample to be analysed to determine whether any anabolic androgenic steroid is present in the system of the horse; and

(b)          only after an Anabolic Androgenic Steroid Clearing Certificate is provided in respect of a sample taken from the horse, such sample having been taken at a date determined by the Stewards.

(4)          Where a sample taken at any time from a horse has detected in it an anabolic androgenic steroid (other than an anabolic androgenic steroid which is present at or below the relevant concentrations set out in AR 178C(1)), that horse is ineligible to start in any race or official trial:

(a)          until at least 12 months after the latter of:

(i)   the date on which the horse, having been registered under these Rules, is allowed to start in a race under AR 45A (subject to any further conditions imposed by the Stewards in their discretion); and

(ii) the date the relevant sample was taken; and

(b)          only after an Anabolic Androgenic Steroid Clearing Certificate is provided in respect of a sample taken from the horse, such sample having been taken at a date determined by the Stewards.

(5)          Any person must, when directed by the Stewards or other official appointed by the Principal Racing Authority, produce, or otherwise give full access to, the horse so that the Stewards or other official appointed by the Principal Racing Authority may take or cause a sample to be taken and analysed to determine whether any anabolic androgenic steroid is present in the system of the horse.

(6)          For the avoidance of doubt and without limitation, sub-rule (5) requires an owner, lessee, nominator and/or trainer to produce the horse, or otherwise give full access to the horse, even if the horse is:

(a)          under the care or control of another person; and/or

(b)          located at the property of another person.

(7)          Any person who fails to produce, or give full access to, a horse to provide a sample as required by sub-rule (5) may be penalised.

Amendment to Rule 177B(2)

AR.177B(2).

(r) anabolic androgenic steroids (other than an anabolic androgenic steroid which is present at or below the relevant concentrations set out in AR.178C(1)),

(s) metabolites, artifacts and isomers of any of the substances specified in paragraphs (a) to (r).

Amendment to Rule 177C

AR.177C. In the case of the presence of testosterone (including both free testosterone and testosterone liberated from its conjugates) above a mass concentration of 20 micrograms per litre being detected in a urine sample taken from a gelding prior to or following its running in any race it is open to the Stewards to find that the provisions of AR.177 or AR.178H do not apply if on the basis of the scientific and analytical evidence available to them they are satisfied that the detected level in the sample was of endogenous origin or as a result of endogenous activity.

Amendment to Rule 178C

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:

Amendment to Rule 178G

AR.178G. In the case of the presence of testosterone (including both free testosterone and testosterone liberated from its conjugates) above a mass concentration of 20 micrograms per litre being detected in a urine sample taken from a gelding prior to or following its running in any race it is open to the Stewards to find that the provisions of AR.178 or AR.178H do not apply if on the basis of the scientific and analytical evidence available to them they are satisfied that the detected level in the sample was of endogenous origin or as a result of endogenous activity.

New Rule 178H

AR.178H. (1) A horse must not, in any manner, at any time, be administered an anabolic

androgenic steroid.

(2) Any person who:

(a) administers an anabolic androgenic steroid;

(b) attempts to administer an anabolic androgenic steroid;

(c) causes an anabolic androgenic steroid to be administered; and/or

(d) is a party to the administration of, or an attempt to administer, an anabolic androgenic steroid, to a horse commits an offence and must be penalised in accordance with AR 196(5).

(3) Where the Stewards are satisfied that a horse has, or is likely to have been, administered any anabolic androgenic steroid contrary to AR.178H(1), the Stewards may prevent the horse from starting in any relevant race, official trial or jump-out.

(4) When a sample taken at any time from a horse has detected in it an anabolic androgenic steroid the horse is not permitted to start in any race or official trial:

(a) for a minimum period of 12 months from the date of the collection of the sample in which an anabolic androgenic steroid was detected; and

(b) only after an Anabolic Androgenic Steroid Clearing Certificate is provided in respect of a sample taken from the horse, such sample having been taken at a date determined by the Stewards.

(5) Any owner, lessee, nominator, trainer and/or person in charge of a horse registered under these Rules must, when directed by the Stewards or other official appointed by the Principal Racing Authority, produce, or otherwise give full access to, the horse so that the Stewards or other official appointed by the Principal Racing Authority may take or cause a sample to be taken and analysed to determine whether any anabolic androgenic steroid is present in the system of the horse.

(6) For the avoidance of doubt and without limitation, sub-rule (5) requires an owner, lessee, nominator and/or trainer to produce the horse, or otherwise give full access to the horse, even if the horse is:

(a)under the care or control of another person; and/or

(b) located at the property of another person.

(7) Any person who fails to produce, or give full access to, a horse to provide a sample as required by sub-rule (5) may be penalised.

(8) In respect of a horse registered under these Rules, where an owner, lessee, nominator, trainer and/or person in charge of a horse is in breach of sub-rule (5), the relevant horse will not be permitted to start in any race or official trial:

(a) for a period of not less than 12 months following the day on which the horse is in fact produced to the Stewards, or full access to the horse is otherwise given to the Stewards, so that a sample may be taken and analysed for anabolic androgenic steroids; and

(b) only after an Anabolic Androgenic Steroid Clearing Certificate is provided in respect of a sample taken from the horse, such sample having been taken at a date determined by the Stewards.

Amendment to Rule 196(5)

AR.196(5). Where a person is found guilty of a breach of any of the Rules listed below, a penalty of disqualification for a period of not less than the period specified for that Rule must be imposed unless there is a finding that a special circumstance exists whereupon the penalty may be reduced:

AR64G(1)(a) – 12 months

AR83(d) – 2 years

AR84 – 2 years

AR135(d) – 3 years

AR175(aa) – 5 years

AR175(h)(i) – 3 years

AR175(hh)(i) – 2 years

AR177B(6) – 2 years

AR178E – 6 months

AR178H(2) – 2 years

For the purpose of this sub-rule, a special circumstance is as stipulated by each Principal Racing Authority under its respective Local Rules.