436:86 Definitions; Doping and Stimulating Prohibited.
I. In this subdivision:
(a) "Livestock event" means pulling contests, trail rides, carriage events, horse shows, races, dressage exhibitions, private and organized sales, and other competitive events involving horses, cattle or oxen.
(b) "Person" means any person who is acting on behalf of the owner of such animals as his agent or representative or any person who has the animals under his control during such livestock events in this state.
(c) "Owner" means any person who has in his possession clear title to animals participating in any livestock event in this state.
II. It is unlawful for any person to administer internally or externally a drug, stimulants, or appliances of a nature that could affect or alter the normal performance of an animal entered in a livestock event.
III. A signed statement of ownership, including a complete description of each animal participating in a livestock event, shall be submitted to the event management prior to participation in any such livestock event in this state.
Source. 1985, 72:1. 1987, 187:2. 1988, 80:1, eff. July 1, 1988.
436:87 Test Authorization.
I. The commissioner of agriculture, markets, and food may take such tests
of the saliva, urine, blood, or all 3, of any animal entered in a livestock
event as he may deem necessary. If a drug is found in the chemical analysis
of said saliva, urine, or blood it shall be prima facie evidence that a drug
has been administered.
II. Failure by an owner or person to submit an animal for testing or failure
to provide adequate assistance for the commissioner's agent to obtain an official
sample shall be subject to an administrative fine and the provisions of RSA
436:88-a, III.
Source. 1985, 72:1. 1987, 187:2. 1988, 80:2. 1995, 130:5, eff. July 23, 1995.
436:88-a Penalty.
Within 14 days from the date test results in which a drug is shown to be present
are received by the commissioner of agriculture, markets, and food, the commissioner
shall notify the fair association or management of the livestock event and the
owner of the tested animals of such results.
I. Any person or owner who violates any of the provisions of this subdivision
or who violates any rules adopted under this subdivision, shall be guilty of
a misdemeanor if a natural person or guilty of a felony if any other person.
II. In addition, any person or owner who violates any of the provisions of this
subdivision or rule adopted under it may be subject to an administrative fine
levied by the commissioner, not to exceed $1,000 for each violation.
III. Any person or owner who is subject to paragraph I or II of this section
shall forfeit any premiums or trophies offered at any livestock event. Such
person or owner and the animals tested under RSA 436:87 shall be ineligible
to compete in any future livestock event for a period not to exceed 2 years
from the date of the administrative fine levied or any court conviction.
IV. Any person fined or convicted of doping and stimulating animals entered
into livestock events in any other state shall be ineligible to compete in any
livestock event in this state for a period not to exceed 2 years from the date
of such fine or court conviction.
Source. 1987, 187:3. 1988, 80:3. 1995, 130:5, eff. July 23, 1995.
436:90 Rulemaking.
The commissioner of agriculture, markets, and food shall adopt rules under
RSA 541-A, relative to:
I. The method of levying the administrative fines under RSA 436:88-a, II.
II. Any other matter necessary to the administration of this subdivision.
Source. 1985, 72:1. 1988, 80:4. 1995, 130:5, eff. July 23, 1995.
