The three major sales companies in the U.S. have agreed on a set of new protocols that are designed to increase oversight of medication use and prohibit the administration of certain drugs, the companies announced Tuesday. The new protocols, which will go into effect as of July 1, prior to the major yearling sales at Fasig-Tipton, Keeneland and the Ocala Breeder Sales Co., are being adopted in the wake of calls from some horsemen for more stringent oversight of auction companies after a trainer was exonerated earlier this year of a 2023 positive for the banned drug clenbuterol in a horse that was obtained at a 2-year-old sale in Florida. Sophisticated testing of the horse’s hair revealed that the clenbuterol was administered prior to the sale, at least six months earlier than the initial tests. Under the new policies, all drugs that are currently banned for racing under the rules established by the Horseracing Integrity and Safety Authority will be prohibited at the sales. In addition, only one of four non-steroidal anti-inflammatory drugs – painkillers that are commonly used in animal treatment – will be allowed to be administered, under stricter regulations than currently in place, the companies said. In addition, all NSAIDs and corticosteroids that are administered orally or intravenously will not be allowed to be administered within 48 hours of an “under-tack performance.” Horses cataloged to 2-year-old sales are often publicly galloped at speed prior to the sales to demonstrate their athletic ability. Oral and intravenous corticosteroid administrations will also be prohibited within 24 hours of “the start of the sales session in which that horse is scheduled to sell.”   Oral and intravenous corticosteroid treatments, which are used for systemic anti-inflammatory purposes, differ from intra-articular corticosteroid injections, which are administered to treat inflammation in specific joints. Intra-articular corticosteroid use has become a focus of stricter regulation under the rules established by HISA due to concern that the drugs can have deleterious effects on joint strength and that the use of the drugs can mask underlying musculoskeletal issues that require rest and recuperation prior to a return to high-speed exercise. Under current HISA rules covering racehorses, no corticosteroid can be administered within seven days of a workout or 14 days of a race. Prior to the new policies being announced on Tuesday, sales companies had already prohibited any intra-articular administrations, including corticosteroids, within 14 days of a sale. While all Thoroughbred horses that have made a timed workout at a racetrack or licensed training facility fall under the jurisdiction of HISA – a private company created by a federal law passed late in 2020 – regulation of drugs at sale companies is strictly voluntary and enforced by the companies themselves. That has led to criticism from some horsemen, especially in the wake of the clenbuterol case earlier this year Any effort to expand HISA’s jurisdiction to sales companies or earlier stages of a horse’s life would likely take an amendment to the federal law that created HISA. Breeders, by and large, were one of the most vocal Thoroughbred constituencies pushing for the federal legislation to create HISA. HISA officials said in a recent conference call with horsemen that they had invited officials of sales companies to a meeting in October in which they urged the companies to tighten their regulation and enforcement of drugs on their grounds. Currently, the companies perform random drug tests of horses and have policies on the books allowing them to ban individuals from entering horses at their sales. In the release announcing the new protocols, the companies said that they have adopted “increased” penalties for violations of the new rules, but the announcement did not provide details of those penalties. In response to questions involving how the policies would affect the sales companies’ current protocols for penalties, drug-testing procedures, and policies regarding public disclosure, Keeneland said that it would continue to adhere to its conditions of sale, which allows the company to conduct drug-testing of any horse at any time after a horse is entered into the sale. The conditions also explicitly refer to Keeneland’s right to exclude, a right that is generally held by all private businesses provided an exclusion is not based on constitutionally protected attributes, such as race, sex, or age. Keeneland’s conditions of sale also allow any buyer to request drug tests of a purchased horse, conducted at the buyer’s expense. A test result that is in violation of the conditions of sale gives the buyer the right to return the horse. “The new measures we’ve outlined in the release are intended to tighten medication policies and to provide consistency between the three sales companies,” Keeneland said, in the statement. “We will continue to maintain the same high standards in terms of right of return. These changes were collectively undertaken to safeguard the buyer and protect the welfare of the horse.” Conditions of sale for Fasig-Tipton and OBSC are substantially similar to those at Keeneland. In the Tuesday announcement, the companies said the new protocols are the “fourth collaborative medication reform action taken by the companies since 2009.” “We continue to refine our policies with the goals of protecting the well-being of the horse and providing our customers with transparency and the best opportunity for success at the racetrack,” a joint statement from the companies said. “Horse safety and welfare must be a collaborative effort across our sport, which includes the sales ring. We take our leadership roles toward that mission seriously and remain united in our advocacy to serve the best interest of the horse.” :: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.