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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

58 Pa. Code § 163.304. Substances of therapeutic value.

§ 163.304. Substances of therapeutic value.

 A foreign substance of accepted therapeutic value may be administered as prescribed by a veterinarian when test levels and guidelines for its use have been established by the Veterinary-Chemist Advisory Committee of the National Association of State Racing Commissioners and approved by the Commission.

   (1)  Only one approved nonsteroidal anti-inflammatory drug (NSAID) may be present in the body of a horse while it is participating in a race. The presence of more than one NSAID at any test level is forbidden.

   (2)  The test level of phenylbutazone under this section may not be in excess of two micrograms (mcg) per milliliter (ml) of plasma.

   (3)  The test level of oxyphenbutazone under this section may not be in excess of two micrograms (mcg) per milliliter (ml) of plasma.

   (4)  The administration of furosemide shall be permitted for the prophylactic treatment of a confirmed bleeder under the conditions and guidelines set forth in §  163.305 (relating to bleeder list), and with the approval of the Commission veterinarian.


   The provisions of this §  163.304 amended July 3, 1980, effective July 26, 1980, 10 Pa.B. 2883. Immediately preceding text appears at serial pages (51667) to (51668).

Notes of Decisions

   Paragraph (2), as it read on March 13, 1981, required a horse which had an impermissible level, as set out in 58 Pa. Code §  163.303, of the drug phenylbutazone in its system to be disqualified from purse money was mandatory and the Commission’s reversal of such a disqualification was clear error. Bush v. Horse Racing Commission, 466 A.2d 254 (Pa. Cmwlth. 1983).

Cross References

   This section cited in 58 Pa. Code §  163.302 (relating to foreign drugs, medications or substances); 58 Pa. Code §  163.303 (relating to prohibition; prima facie evidence; disqualification); and 58 Pa. Code §  163.308 (relating to official laboratory).

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