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FOR IMMEDIATE RELEASE Contact: George Casale, Exec. Director

January 7, 2010 (914) 968-3599

New York Supreme Court Stays Enforcement of Out-Of-Competition Testing Rule

Yonkers, New York: This afternoon, after hearing argument from counsel for the Standardbred Owners Association of New York (SOA) and various farm owners in New York State; counsel for the New York State Racing and Wagering Board, and the Office of the New York State Attorney General, New York State Supreme Court Justice Eileen Rakower granted the SOA's emergency application for a Temporary Restraining Order of the enforcement of the Racing Board's Out-of-Competition Testing regulations.

Joe Faraldo, SOA President, stated, "While everyone wants a level playing field, it seems that the NYSR&WBâ€™s new rule missed an opportunity to do that fairly and honestly. The new regulations, now stayed by the court, sought to allow the Racing Board to enter private New York farms without probable cause and without a search warrant to test horses for certain substances that are detectible on race day, simply because the horse may be entered at a New York track within the next six months, and that the Racing Board might have "information" about a certain trainer or owner. The rule additionally required owners and trainers with out-of-state horses stabled within 100 miles of a New York racetrack to ship horses to the New York track at their own cost and expense simply because the Racing Board, without having any reason, desires to test the horses; animals that are not in to go, and might never even race. That cost and expense can be a form of harassment to owners and trainers who are having some modicum of success. Moreover, the regulations do not provide for split sampling; something that lead to the full exoneration of four veteran horsemen who were wrongfully accused of EPO violations at The Red Mile last year."

Faraldo continued, "Nobody in this sport should be permitted to engage in blood-doping. Still, the regulations put forth provide absolutely no safeguards to protect innocent trainers, owners and farm owners from being subjected to the arbitrary targeting of the Racing Board. Recent advances in EPO testing permit the detection of blood-doping agents, not simply antibodies, on race night; exactly where EPO testing belongs. We laud Justice Rakower's insight regarding the serious issues raised, and are hopeful that we can permanently enjoin the enforcement of these dangerous, expensive and unnecessary regulations. We also hope that in the future the NYSR&WB will not cavalierly discount the industry opposition similar to that which it received last year from the harness and thoroughbred industry in NY regarding these rules and work with us all for an honest and effective means of addressing what we all agree is a serious problem..

The SOA of New York is represented by Andrew Turro, Esq. of Meyer, Suozzi, English and Klein. Board director Chris Wittstruck and SOA Executive Director George Casale worked very hard to bring all your concerns before the Court.

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Per New York State Racing & Wagering Board

December 21, 2009

To Whom It May Concern,

Please be informed that the New York State Racing and Wagering Board has adopted new rules, effective January 1, 2010, to authorize and govern out-of-competition drug testing for harness and thoroughbred horses.

The addition of Rules 4043.1(g), 4043.12, 4120.1(g), and 4120.17 to Title 9 (E) NYCRR will authorize the testing of horses on the grounds of a New York State racetrack as well as those stabled off the grounds of the racetrack.

A copy of these rules is attached.

Very truly yours,

Gail Pronti,

Secretary to the Board

Attachments

Rule 4120.1 Definitions.

A new paragraph (g) is added to read:

(g) Out-of-competition positive test. A finding by the laboratory that any of the prohibited substances described in Rule 4120.17 was present in the sample.

Paragraphs (g) and (h) are relettered respectively to be paragraphs (h) and (i).

A new Rule 4120.17 is added to read:

Rule 4120.17 Out-of-Competition Testing.

(a) Any horse on the grounds of a racetrack under the jurisdiction of the Board or stabled off track grounds

is subject to testing without advance notice for blood doping, gene doping, protein and peptide-based drugs, including toxins and venoms, and other drugs and substances while under the care or control of a trainer or owner licensed by the Board.

(b) Horses to be tested shall be selected at the discretion of the State judges or any Board representative. Horses to be tested shall be selected from among those anticipated to compete at New York tracks within 180 days of the date of testing or demand for testing.

(c) The State judges or any Board representative may require any horse of a licensed trainer or owner to be brought to a track under the jurisdiction of the Board for out-of-competition testing when that horse is stabled out-of-state at a site located within a radius not greater than 100 miles from a New York State racetrack. The trainer is responsible to have the horse or horses available at the designated time and location.

(d) A Board veterinarian or any licensed veterinarian authorized by the State judges or any Board representative may at any time take a urine or blood sample from a horse for out-of-competition testing.

(e) Prohibited substances are:

(1) blood doping agents including, but not limited to, erythropoietin (EPO), darbepoetin, Oxyglobin, Hemopure, Aranesp, or any substance that abnormally enhances the oxygenation of body tissues;

(2) gene doping agents or the nontherapeutic use of genes, genetic elements, and/or cells that have the capacity to enhance athletic performance or produce analgesia;

(3) protein and peptide-based drugs, including toxins and venoms.

(f) The presence of any substance at anytime described in subsections (1),(2) or (3) of subdivision (e) is a

violation of this rule for which the horse may be declared ineligible to participate until the horse has tested negative for the identified substance, and for which the trainer shall be responsible pursuant to Board Rule 4120.4.

(g) The trainer, owner, and/or their designees and any licensed racing corporation shall cooperate with the Board and its representatives/designees by:

(1) assisting in the immediate location and identification of the horse selected for out-of-competition testing;

(2) providing a stall or safe location to collect the samples;

(3) assisting in properly procuring the samples; and

(4) obeying any instruction necessary to accomplish the provisions of this rule.

The failure or refusal to cooperate in the above by any licensee or other person shall subject the licensee or person to penalties, including license suspension or revocation, the imposition of a fine and exclusion from tracks or facilities subject to the jurisdiction of the Board.

(h) Any horse which is not made available for testing as directed, including the failure to grant access on a timely basis, shall in the absence of acceptable mitigating circumstances, be ineligible to participate in racing for one hundred twenty days.

(i) In the absence of extraordinary mitigating circumstances, a minimum penalty of a ten (10) year suspension will be assessed for any violation set forth in subdivision (f).

(j) An application to the Board for an occupational license shall be deemed to constitute consent for access to any off-track premises on which horses owned and/or trained by the individual applicant are stabled. The applicant shall take any steps necessary to authorize access by Board representatives to such off-track premises.

Rule 4043.1 Definitions.

A new paragraph (g) is added to read:

(g) Out-of-competition positive test. A finding by the laboratory that any of the prohibited substances described in Rule 4043.12 was present in the sample.

Paragraphs (g) and (h) are relettered respectively to be paragraphs (h) and (i).

A new Rule 4043.12 is added to read:

Rule 4043.12 Out-of-Competition Testing.

(a) Any horse on the grounds of a racetrack under the jurisdiction of the Board or stabled off track grounds

(c) The State steward or any Board representative may require any horse of a licensed trainer or owner to be brought to a track under the jurisdiction of the Board for out-of-competition testing when that horse is stabled out-of-state at a site located within a radius not greater than 100 miles from a New York State racetrack. The trainer is responsible to have the horse or horses available at the designated time and location.

(d) A Board veterinarian or any licensed veterinarian authorized by the State steward or any Board representative may at any time take a urine or blood sample from a horse for out of competition testing.

(e) Prohibited substances are:

(1) blood doping agents including, but not limited to, erythropoietin (EPO), darbepoetin, Oxyglobin, Hemopure, Aranesp, or any substance that abnormally enhances the oxygenation of body tissues;

(2) gene doping agents or the nontherapeutic use of genes, genetic elements, and/or cells that have the capacity to enhance athletic performance or produce analgesia;

(3) protein and peptide-based drugs, including toxins and venoms.

(f) The presence of any substance at anytime described in subsections (1),(2) or (3) of subdivision (e) is a

(g) The trainer, owner, and/or their designees and any licensed or franchised racing corporation shall cooperate with the Board and its representatives/designees by:

(1) assisting in the immediate location and identification of the horse selected for out-of-competition testing;

(2) providing a stall or safe location to collect the samples;

(3) assisting in properly procuring the samples; and

(4) obeying any instruction necessary to accomplish the provisions of this rule.

The failure or refusal to cooperate in the above by any franchisee, licensee or other person shall subject the franchisee, licensee or person to penalties, including license suspension or revocation, the imposition of a fine and exclusion from tracks or facilities subject to the jurisdiction of the Board.

(i) In the absence of extraordinary mitigating circumstances, a minimum penalty of a ten (10) year suspension will be assessed for any violation set forth in subdivision (f).

November 2, 2009

To All HHACNY Members

Health Benefit Update

The Board of Directors of this Association voted unanimously on Saturday, October 31, 2009 to the following changes to the health programs.

Health Benefits

The SSA $ 50.00 enrollment fee will now be reimbursed by this Association.

The re-imbursement by the Association will be as follows:

Single has been increased from $ 200.00 to $ 250.00.

2-person coverage has been increased from $ 450.00 to $ 550.00

Family coverage has been increased from $ 550.00 to $ 650.00

Sulky Benefits

Coverage on wheels has been raised from $ 500.00 per wheel to $ 750.00.

Sulky benefits has been raised total coverage (including wheels) from $ 2,000.00 to

$ 3,000.00.

If you have any questions on health benefits please contact Joe D’Agostino at

315-829-5824.

If you have any questions on sulky benefits please contact this office.

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