Section 285.813.3. Collection of official samples.

(1)  Official samples  may  be  obtained  by   the   director   of agriculture or his or her designee from any horse entered in   a   state-funded race or pulling event.   The

director or his or her designee may request the fair association or event organizer to furnish necessary help to obtain official samples. Failure to provide sufficient help when requested shall result in forfeiture of all rights to state aid to the fair or event for these  contests.   The owner,  trainer,  groom,  or   other   responsible representative of the owner shall be present when an official sample is taken from the horse and shall remain until the sample is sealed in his or her presence. The official sample tag attached to the specimen shall be signed by the owner, trainer, groom, or other representative as witness of the taking of the specimen. Refusal or failure to sign the sample tag shall not affect the validity of the specimen.

(2)     Willful failure to be present at or refusal to allow the taking of a specimen, or any act or threat to impede, prevent, or otherwise interfere with the taking of the official sample, shall be a violation of this rule. The official sample shall be analyzed in the laboratories of the Michigan department of agriculture or a laboratory designated by the director.

(3)      The director or director's designee may require a preliminary breath test (PBT) from any driver, jockey, teamster, or starting gate operator for the races and pulling events described in these rules. If the results of the PBT show a reading of 0.05% of alcohol or above, then the driver, jockey, teamster, or starting gate operator shall not participate  in that day's races or pulling events.

(4)       Each fair shall comply with and assist in the enforcement of these rules and provide proper facilities and lighting as may be required by the department to perform the requirements of this rule.

History: 1979 AC; 2006 AACS.