FSJC Rules

89) Forbidden Substances

The Rules of the Royal Agricultural Society in regard to Forbidden Substances Apply.

Forbidden Substances

1)    These rules shall apply to all equestrian events at all Shows and events held by A&P Shows and affiliates to the Royal Agricultural Society (RAS) and be binding on:-

a) All Shows and every other body having approved Shows on any of its programs and the Stewards Committee and Officers, Officials and Servants of every such Show or body.

b)All persons working in or about any Show, Stable or associated with the management, care, control or superintendence of Show Horses or Ponies and their training, riding or driving.

c)All owners, exhibitors, riders, drivers and all persons entering or nominating any horses or ponies for any Show or Event whether such owners, trainers or persons in charge be resident in New Zealand or otherwise.

d)If a conflict should occur when a competition or class is held under the jurisdiction of the New Zealand Equestrian Federation Rules and Regulations the NZEF Rules and Regulations shall take precedence. An official RAS Steward must carry out any testing for forbidden substances.

e)Every person who aids, abets, counsels or procures a breach of these rules and such person shall be liable to the same penalty as is provided for the actual breach.

f)Every person who so acts as to bring himself (herself) within the purview of these Rules.

2.)FORBIDDEN SUBSTANCE JUDICIAL COMMITTEE (FSJC) means a subcommittee of the Horse Stewards Council appointed by that body to administer the rules related to the use of Drugs and Forbidden Substances at Shows and Events affiliated to the Royal Agricultural Society.

3)DRUGS or FORBIDDEN SUBSTANCE means any substance capable of affecting the speed, stamina, courage or conduct of a horse or pony by its action upon the central or peripheral nervous system or the cardio-vascular, respiratory, alimentary, digestive, muscoskeletal or urogenital systems.

4) TEST STEWARD means a person approved by the Horse Stewards Council of the RAS to act and require that a horse or pony is tested for Drugs or Forbidden Substances.

5)PERSON means any exhibitor, owners, lessee/lessor, rider, driver, or person in charge of any horse or pony exhibited at a Show or event affiliated to the RAS.

6a)    From the time any horse or pony enters the ground of any Show, measuring stand or event or competes in any class or event a test Steward shall have the powers to order:

i) that any person take and maintain possession of any horse or pony at any place for such period and under such conditions as the test Steward specifies:

and/or

ii) that the horse or pony be examined and/or tested and/or have any sample taken therefrom including a sample of its urine and/or blood.

iii) that any horse selected for a drug test be held under supervision for a urine sample for a maximum 1 hour after the drug testing procedure begins, thereafter a blood sample becomes mandatory.

b)    Any such sample ordered to be take shall as far as practicable be taken in accordance with the swabbing instructions or any other directions (if any) from the Horse Stewards Council or the FSJC in force at the time of the order.

c)    Any such sample taken shall be sent to a laboratory for analysis of the sample.

d)    Failure to comply with these rules or any swabbing instructions or any other directions shall not invalidate the analysis of any sample or any proceeding related thereto, if in the opinion of the FSJC or the Hearing Committee there has been substantial compliance with the Rules and/or any such swabbing instruction or other direction.

e)    Neither a Test Steward, nor the Forbidden Substances Judicial Committee, nor the Show, nor the Royal Agricultural Society, nor any person authorised by any of them to act under these Rules, nor any employee or agent of any of them shall be liable in damage to the Owner, Rider or Driver of any such horse or pony or to any other person subject to these Rules at the time when the alleged cause of action arose by reason of the exercise of the powers conferred hereby or by any other Rule.

7)When any person presents a horse or pony for competition, or at a measuring stand, which is found to have had administered to it or ingested by it any forbidden substance, that person and/or other person who was in charge of such horse or pony at any relevant time, commits a breach of these rules unless he/she can satisfy the FSJC or Hearing Committee that he/she had taken all necessary precautions to prevent such administration or ingestion.

8)Every person who commits a breach of these rules and by-laws Section 55(a) shall be liable to penalties unless otherwise specified:

(a)   A fine not exceeding $1,500 and/or

(b)   Disqualification of any horse/pony/person from competing in Shows or events under the control of the RAS or its affiliates for a period not exceeding two (2) years.

(c)   That when penalties are considered for a breach of these rules, the FSJC or the hearing committee may order the forfeiture of prize monies, ribbons, sashes, rosettes and trophies awarded at the event where the breach was committed.

(d)   The FSJC or Hearing Committee may award costs against the Defendant

(e)   A second offence of Horse or Pony or Person may incur a disqualification from one (1) year to Life

(f)   These penalties are in force for the time being but may be reviewed from time to time by the FSJC and confirmed by the Horse Stewards Council and approved by the Royal Agricultural Society Council

(g) Where a breach of these Rules is committed, the Chairman of the Horse Stewards Council in consultation with the Convenor of the FSJC, may appoint a hearing committee of up to three persons to act and hear the charges.  They shall decide if a breach has been committed and have the power to impose penalties and/or costs

(h) The FSJC may, at its discretion (or no less than three members there of), impose penalties and/or costs in the case of a guilty or no contest plea

(i)    The Appeal process as detailed in the FSJC Procedures shall apply

(j)    That the publication of the decision where penalties have been imposed will be mandatory unless ordered otherwise.

(k)   Test results may be published as directed by the Convenor of the FSJC stating the result of the test and the name of the Horse or Pony tested.

9) Every person is an accessory after the fact to a breach of these Rules who, knowing any person to have been a party to or have committed a breach of these Rules receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him (her), in order to enable him (her) to avoid prosecution under these Rules.

10) Any horse or Pony may be tested for Drugs or Forbidden Substances at any Show under the By-Laws and Regulations adopted by the Royal Agricultural Society and the Procedures adopted by the FSJC and confirmed by the Horse Stewards Council.  Exhibitors or persons entering or competing at Shows and Events affiliated to the RAS shall be deemed to accept and be bound by these By-Laws Regulations and Procedures.