Section 603.180  Carbon Dioxide Tests

a)         The Board recognizes that an excess level of total carbon dioxide (TCO₂) in the race horse is considered adverse to the best interests of racing and adverse to the best interest of the horse in that such condition alters its normal physiological state. 

b)         Blood samples for TCO₂ levels may be drawn pre-race and/or post-race.

c)         The TCO₂ level in the blood shall be less than37.0 millimoles per liter, plus the measurement uncertainty of the laboratory analyzing the sample.

d)         In the event a blood sample from a horse contains an amount of TCO₂ that is equal to or exceeds the levels described in subsection (c), the following penalties shall apply:

1)         The first time the laboratory reports an excessive TCO₂ level, the trainer shall be fined not less than $500 and not more than $1,000, the purse shall be redistributed and the trainer shall be ordered suspended for at least 15 days but not to exceed 60 days.  In addition, the horse shall be subject to "early detention" for a period identical to the length of the trainer's suspension.  Early detention in Illinois shall be defined as pre-race guarded quarantine, on the grounds of the Illinois organization licensee, beginning no less than 6½ hours prior to the scheduled post time for the horse's race. 

2)         The second time the laboratory reports an excessive TCO₂ level in a 365 day period in any jurisdiction, the trainer shall be ordered suspended for at least 30 days but not to exceed 180 days and fined not less than $1,000 and not more than $2,500, and the purse shall be redistributed.  In addition, the horse shall be subject to early detention in Illinois for a period identical to the length of the trainer's suspension.

3)         For a third or subsequent report of an excessive TCO₂ level in a 365 day period in any jurisdiction, the trainer shall be ordered suspended for at least 60 days but not to exceed 365 days and fined not less than $2,500 and not more than $5,000 or 5% of the purse (greater of the two) and the purse shall be redistributed.  The horse shall be subject to early detention in Illinois for a period identical to the length of the trainer's suspension.  In addition, absent mitigating circumstances, the owner shall be fined $5,000.

e)         If the levels of TCO₂ are determined to equal or exceed those set forth in subsection (c), and the licensed owner or trainer of that horse contends in writing to the stewards within 24 hours after notification of the results that such levels are physiologically normal for that particular horse, the licensee may, by such writing, request that the horse be held in quarantine.  In the event quarantine is requested, the organization licensee shall make guarded quarantine available, for a period of time to be determined by the stewards but in no event more than 72 hours, at the sole expense of the licensee.  During any quarantine, the horse shall be re-tested periodically and, although the horse may not race during the quarantine period, it shall be exercised and trained at times prescribed by the organization licensee, consistent with the ability to monitor the horse.  The horse will only be fed hay, oats and water during the quarantine period.  If the stewards are satisfied, on the basis of the evident facts, the quarantine, and the testing of the horse's blood during the quarantine period, that the level of TCO₂ set forth in subsection (c) is physiologically normal for that particular horse, the stewards shall not order the penalty set forth in subsection (d).

f)         The provisions of Section 603.120 (Referee Samples) shall not apply to blood samples drawn for purposes of carbon dioxide testing.  Split sample analyses of TCO₂ must be run in parallel with the official sample at the official laboratory in order to avoid delays in testing that result in lower TCO₂ values as a result of sample degradation.

(Source:  Amended at 33 Ill. Reg. 12571, effective August 25, 2009)