DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT  
EXECUTIVE DIVISION  
REGULATION NO. 813 TESTING HORSES AND PULLING TEAMS FOR  
DRUGS  
(By authority conferred on the director of the department of agriculture by section 20 of  
1995 PA 279, MCL 431.320, and transferred to the Michigan department of agriculture  
and rural development by Executive Order 2011-2.)  
R 285.813.1 Definitions.  
Rule 1. As used in these rules:  
(a) "Drug" means any of the following:  
(i) A substance recognized or for which the standards or specifications are prescribed in  
the official compendium consisting of the United States pharmacopoeia, homeopathic  
pharmacopoeia, of the United States or national formulary and supplements in effect on  
the effective date of these rules.  
(ii) A substance intended for use in the diagnosis, cure, mitigation, treatment, or  
prevention of disease in man or other animals.  
(iii) A substance, other than food, intended to affect the structure or any function of the  
body of man or other animals.  
(b) "Department" means the department of agriculture and rural development.  
(c) "Director" means the director of the department or his or her designee.  
(d) “Event” means a congregation, gathering or collection of horses that are presented or  
exposed to public view for show, display, swap, exchange, entertainment, educational  
event, instruction, advertising, or competition.  
(e) "Fair" means all agricultural fairs and expositions that hold harness horse races or  
pulling contests.  
(f) “Gaming control board” is the official authority for Michigan horse racing under  
Executive Order 2009-45, which integrated what was formerly called the “office of  
racing commissioner”.  
(g) "Horses" mean all members of the family equidae.  
(h) "Official sample" means a collection of blood, hair, urine, saliva, or tissue obtained  
from a horse.  
History: 1979 AC; 2006 AACS; 2016 AACS.  
R 285.813.2 Drugs; illegal use.  
Rule 2. (1) Unless authorized by the gaming control board by rule or written order, a  
person shall not administer internally or externally a drug that could affect or alter the  
normal performance of a horse in a horse race or pulling event.  
(2) For purposes of this regulation, these rules apply only to events that are not under  
the jurisdiction of the gaming control board.  
History: 1979 AC; 2006 AACS; 2016 AACS.  
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R 285.813.3 Collection of official samples.  
Rule 3. (1) Official samples may be obtained by the director or his or her designee from  
any horse entered in a 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, is 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 or event 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; 2016 AACS.  
R 285.813.4 Stimulants and Depressants.  
Rule 4. Electrical, mechanical, or other devices shall not be used for stimulating or  
depressing a horse or affecting its speed or ability in a horse race or pulling event, nor  
shall a person have such a device in his or her possession.  
History: 1979 AC; 2006 AACS; 2016 AACS.  
R 285.813.5 Hearings.  
Rule 5. (1) If a provision of these rules or any other rules or state law related to a horse  
race or pulling event is violated, then the director shall notify the horse's owner of the  
violation and shall hold a hearing within 14 days from the date that the violation is  
reported to the director or shall refer the matter to the Michigan administrative hearing  
system.  
(2) For hearings conducted by the director, from testimony taken, the director shall  
render a decision on the penalty imposed and/or the eligibility of the owner, his or her  
representative, and the horse, or any of them, to participate in any future state, county,  
district, or community fair horse race or pulling event.  
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(3)The director or an administrative law examiner representing the Michigan  
administrative hearing system may impose any of the following penalties:  
(a) Return to the department any purse or premium awarded in the horse race or pulling  
event.  
(b) A penalty or fine pursuant to sections 30 and 31 of 1995 PA 279, MCL 431.330 and  
431.331.  
(c) The owner and the horse may be prohibited from participating in horse races or  
pulling events at fairs for up to 1 year from the date of notification of the first violation.  
(d) For second or additional violations, the owner and the horse may be prohibited from  
participating in horse races or pulling event indefinitely.  
History: 1979 AC; 2006 AACS; 2016 AACS.  
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