N.J. Admin. Code § 13:71-20.24

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:71-20.24 - Equine fatality report; post-mortem necropsy

(a) Upon the death of a horse on any part of the grounds of a New Jersey racetrack or off-track training facility, an equine fatality report shall be submitted to the New Jersey Racing Commission within 48 hours. It shall be the responsibility of the trainer of the deceased animal to file the equine fatality report with the State Steward or Chief State Veterinarian.

(b) The equine fatality report shall be on forms prescribed and furnished by the Commission and shall be filled out entirely, legibly and specifically, and include the following information and any other information deemed necessary by the Commission:

1. Name and tattoo number or other registration identification of deceased equine;

2. Trainer of record;

3. Owner of record and fiscal records regarding purchase of equine;

4. Particulars as to time, date and place of death;

5. Disclosure of any post-mortem examination;

6. Attending veterinarian;

7. Cause of death;

8. Particulars as to removal of carcass; and

9. Pertinent information regarding existing insurance coverage.

(c) The attending veterinarian shall certify the cause of death and shall submit treatment records describing all veterinarian treatments administered to the horse within the 30-day period preceding the time of death. These records shall be submitted to the State Steward within 48 hours of the time of death. Failure to produce these records may result in the immediate suspension of the trainer and/or veterinarian.

(d) Upon the death of any horse on the racetrack during racing, training, or warming-up the horse, or upon the death of a horse within one hour after racing on any racetrack:

1. Verbal notice of the death of the horse shall be given by the trainer or the trainer's designee to the State Steward or to a New Jersey Racing Commission veterinarian within one hour of the horse's death. Said notice shall not negate the obligation to submit an equine fatality report within 48 hours of the time of death; and

2. An appropriate post-mortem necropsy shall be conducted, by a qualified veterinarian at a facility designated by the Commission, to determine the cause of death and other relevant information about the condition of the deceased horse. The cost of the necropsy, including related transportation and other costs, shall be borne by the owner of the deceased horse.

(e) Upon the death of any horse on the racetrack during racing, training, or warming-up the horse, or upon the death of a horse within one hour after any such activity, the remains of the deceased horse shall not be removed without the written consent of the State Steward, or the State Steward's designee, or the Chief State Veterinarian, or the Chief State Veterinarian's designee. It shall be the joint responsibility of the racetrack and the owner of the horse to prevent the unauthorized removal of the remains of a deceased horse.

(f) Failure to file the equine fatality report or the required veterinary records in a timely fashion or filing in an incomplete fashion may subject the owner, trainer, and/or veterinarian to disciplinary action.

1. Any falsification or misstatement submitted in connection with an equine fatality report may also subject the owner, trainer, and/or veterinarian to disciplinary action.

(g) An equine fatality report shall not be required in connection with any pony or mascot.

N.J. Admin. Code § 13:71-20.24

R.1984 d.105, effective 4/2/1984.
See: 16 N.J.R. 224(a), 16 N.J.R. 743(b).
Case Note
Veterinarian's actions in giving a loaded hypodermic syringe to an assistant trainer and instructing him to give an injection to a horse, which horse later died, violated the prohibition, in N.J.A.C. 13:71-23.9, against anyone other than a veterinarian possessing such an item, as did the failure by the veterinarian and the head trainer, who was not even on the property at the time that the injection was given, to file an equine fatality report in compliance with N.J.A.C. 13:71-20.24. While the conduct of all three individuals was detrimental to racing within the meaning of N.J.A.C. 13:71-1.19 and sanctions were properly imposed, the lengthy suspensions imposed by the Racing Commission were too harsh and shorter suspensions were ordered by the Administrative Law Judge. Henriksen v. N.J. Racing Comm'n, OAL Dkt. Nos. RAC 7539-12, RAC 7540-12, and RAC 7541-12 (Consolidated), 2013 N.J. AGEN LEXIS 28, Initial Decision (January 31, 2013).

Amended by 53 N.J.R. 1507(a), effective 9/7/2021