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15 U.S.C. § 3053 — Federal Trade Commission oversight
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Authority shall submit to the Commission, in accordance with such rules as the Commission may prescribe under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), any proposed rule, or proposed modification to a rule, of the Authority relating to—
(1) the bylaws of the Authority;
(2) a list of permitted and prohibited medications, substances, and methods, including allowable limits of permitted medications, substances, and methods;
(3) laboratory standards for accreditation and protocols;
(4) standards for racing surface quality maintenance;
(5) racetrack safety standards and protocols;
(6) a program for injury and fatality data analysis;
(7) a program of research and education on safety, performance, and anti-doping and medication control;
(8) a description of safety, performance, and anti-doping and medication control rule violations applicable to covered horses and covered persons;
(9) a schedule of civil sanctions for violations;
(10) a process or procedures for disciplinary hearings; and
(11) a formula or methodology for determining assessments described in [section 3052(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3052/f&num=0&edition=prelim).
**(b) Publication and comment**
(1) **In general** — The Commission shall—
(A) publish in the Federal Register each proposed rule or modification submitted under subsection (a); and
(B) provide an opportunity for public comment.
(2) **Approval required** — A proposed rule, or a proposed modification to a rule, of the Authority shall not take effect unless the proposed rule or modification has been approved by the Commission.
**(c) Decision on proposed rule or m
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Stable record: federal_law:legal_authorities:record_usc_995e3d7aa52dfafc7551d86b
Source file: Laws/federal/codes/united-states-code/title-15/section-3053-federal-trade-commission-oversight--d958ad6755.md
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Passage SHA-256: 21fcbbde86c6d1aabebf2e4ef12228efc18a9fe0be1798564f80d298d71253b5
Source location: Title 15, Chapter 57A, § 3053; chapter-57a-horseracing-integrity-and-safety.md
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**(a) In general** The Authority shall submit to the Commission, in accordance with such rules as the Commission may prescribe under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), any proposed rule, or proposed modification to a rule, of the Authority relating to—
(1) the bylaws of the Authority;
(2) a list of permitted and prohibited medications, substances, and methods, including allowable limits of permitted medications, substances, and methods;
(3) laboratory standards for accreditation and protocols;
(4) standards for racing surface quality maintenance;
(5) racetrack safety standards and protocols;
(6) a program for injury and fatality data analysis;
(7) a program of research and education on safety, performance, and anti-doping and medication control;
(8) a description of safety, performance, and anti-doping and medication control rule violations applicable to covered horses and covered persons;
(9) a schedule of civil sanctions for violations;
(10) a process or procedures for disciplinary hearings; and
(11) a formula or methodology for determining assessments described in [section 3052(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3052/f&num=0&edition=prelim).
**(b) Publication and comment**
(1) **In general** — The Commission shall—
(A) publish in the Federal Register each proposed rule or modification submitted under subsection (a); and
(B) provide an opportunity for public comment.
(2) **Approval required** — A proposed rule, or a proposed modification to a rule, of the Authority shall not take effect unless the proposed rule or modification has been approved by the Commission.
**(c) Decision on proposed rule or modification to a rule**
(1) **In general** — Not later than 60 days after the date on which a proposed rule or modification is published in the Federal Register, the Commission shall approve or disapprove the proposed rule or modification.
(2) **Conditions** — The Commission shall approve a proposed rule or modification if the Commission finds that the proposed rule or modification is consistent with—
(A) this chapter; and
(B) applicable rules approved by the Commission.
(3) **Revision of proposed rule or modification**
(A) *In general* — In the case of disapproval of a proposed rule or modification under this subsection, not later than 30 days after the issuance of the disapproval, the Commission shall make recommendations to the Authority to modify the proposed rule or modification.
(B) *Resubmission* — The Authority may resubmit for approval by the Commission a proposed rule or modification that incorporates the modifications recommended under subparagraph (A).
**(d) Proposed standards and procedures**
(1) **In general** — The Authority shall submit to the Commission any proposed rule, standard, or procedure developed by the Authority to carry out the horseracing anti-doping and medication control program or the racetrack safety program.
(2) **Notice and comment** — The Commission shall publish in the Federal Register any such proposed rule, standard, or procedure and provide an opportunity for public comment.
**(e) Amendment by Commission of rules of authority** The Commission, by rule in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), may abrogate, add to, and modify the rules of the Authority promulgated in accordance with this chapter as the Commission finds necessary or appropriate to ensure the fair administration of the Authority, to conform the rules of the Authority to requirements of this chapter and applicable rules approved by the Commission, or otherwise in furtherance of the purposes of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Beginning on the program effective date, the Commission, the Authority, and the anti-doping and medication control enforcement agency, each within the scope of their powers and responsibilities under this chapter, as limited by subsection (j),11 So in original. Probably should be “subsection (k)”. shall—
(1) implement and enforce the horseracing anti-doping and medication control program and the racetrack safety program;
(2) exercise independent and exclusive national authority over—
(A) the safety, welfare, and integrity of covered horses, covered persons, and covered horseraces; and
(B) all horseracing safety, performance, and anti-doping and medication control matters for covered horses, covered persons, and covered horseraces; and
(3) have safety, performance, and anti-doping and medication control authority over covered persons similar to such authority of the State racing commissions before the program effective date.
**(b) Preemption** The rules of the Authority promulgated in accordance with this chapter shall preempt any provision of State law or regulation with respect to matters within the jurisdiction of the Authority under this chapter, as limited by subsection (j).1 Nothing contained in this chapter shall be construed to limit the authority of the Commission under any other provision of law.
**(c) Duties**
(1) **In general** — The Authority—
(A) shall develop uniform procedures and rules authorizing—
(i) access to offices, racetrack facilities, other places of business, books, records, and personal property of covered persons that are used in the care, treatment, training, and racing of covered horses;
(ii) issuance and enforcement of subpoenas and subpoenas duces tecum; and
(iii) other investigatory powers
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3054
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program required**
(1) **In general** — Not later than the program effective date, and after notice and an opportunity for public comment in accordance with [section 3053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3053&num=0&edition=prelim), the Authority shall establish a horseracing anti-doping and medication control program applicable to all covered horses, covered persons, and covered horseraces in accordance with the registration of covered persons under [section 3054(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3054/d&num=0&edition=prelim).
(2) **Consideration of other breeds** — In developing the horseracing anti-doping and medication control program with respect to a breed of horse that is made subject to this chapter by election of a State racing commission or the breed governing organization for such horse under section 3054(k) 11 So in original. Probably should be “section 3054(l)”. of this title, the Authority shall consider the unique characteristics of such breed.
**(b) Considerations in development of program** In developing the horseracing anti-doping and medication control program, the Authority shall take into consideration the following:
(1) Covered horses should compete only when they are free from the influence of medications, other foreign substances, and methods that affect their performance.
(2) Covered horses that are injured or unsound should not train or participate in covered races, and the use of medications, other foreign substances, and treatment methods that mask or deaden pain in order to allow injured or unsound horses to train or race should be prohibited.
(3) Rules, standards, procedures, and protocols regulating medication and
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3055
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and considerations**
(1) **In general** — Not later than the program effective date, and after notice and an opportunity for public comment in accordance with [section 3053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3053&num=0&edition=prelim), the Authority shall establish a racetrack safety program applicable to all covered horses, covered persons, and covered horseraces in accordance with the registration of covered persons under [section 3054(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3054/d&num=0&edition=prelim).
(2) **Considerations in development of safety program** — In the development of the horseracing safety program for covered horses, covered persons, and covered horseraces, the Authority and the Commission shall take into consideration existing safety standards including the National Thoroughbred Racing Association Safety and Integrity Alliance Code of Standards, the International Federation of Horseracing Authority’s International Agreement on Breeding, Racing, and Wagering, and the British Horseracing Authority’s Equine Health and Welfare program.
**(b) Elements of horseracing safety program** The horseracing safety program shall include the following:
(1) A set of training and racing safety standards and protocols taking into account regional differences and the character of differing racing facilities.
(2) A uniform set of training and racing safety standards and protocols consistent with the humane treatment of covered horses, which may include lists of permitted and prohibited practices or methods (such as crop use).
(3) A racing surface quality maintenance system that—
(A) takes into account regional differences and the chara
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3056
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Description of rule violations**
(1) **In general** — The Authority shall issue, by rule in accordance with [section 3053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3053&num=0&edition=prelim), a description of safety, performance, and anti-doping and medication control rule violations applicable to covered horses and covered persons.
(2) **Elements** — The description of rule violations established under paragraph (1) may include the following:
(A) With respect to a covered horse, strict liability for covered trainers for—
(i) the presence of a prohibited substance or method in a sample or the use of a prohibited substance or method;
(ii) the presence of a permitted substance in a sample in excess of the amount allowed by the horseracing anti-doping and medication control program; and
(iii) the use of a permitted method in violation of the applicable limitations established under the horseracing anti-doping and medication control program.
(B) Attempted use of a prohibited substance or method on a covered horse.
(C) Possession of any prohibited substance or method.
(D) Attempted possession of any prohibited substance or method.
(E) Administration or attempted administration of any prohibited substance or method on a covered horse.
(F) Refusal or failure, without compelling justification, to submit a covered horse for sample collection.
(G) Failure to cooperate with the Authority or an agent of the Authority during any investigation.
(H) Failure to respond truthfully, to the best of a covered person’s knowledge, to a question of the Authority or an agent of the Authority with respect to any matter under the jurisdiction of the Authority.
(I) Tampering or attempted tampering w
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3057
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Federal law — U.S. Code and appendices · legal_authorities
Page 1975
TITLE 15—COMMERCE AND TRADE
§ 3053
(aa) the annual budget of the Author-
ity for the following calendar year, as
approved by the Board; and
(bb) the projected amount of covered
racing starts for the year in each
State; and
(II) take into account other sources of
Authority revenue.
(iii) Requirements regarding budgets of
Authority
(I) Initial budget
The initial budget of the Authority
shall require the approval of 2⁄3 of the
Board.
(II) Subsequent budgets
Any subsequent budget that exceeds
the budget of the preceding calendar
year by more than 5 percent shall re-
quire the approval of 2⁄3 of the Board.
(iv) Rate increases
(I) In general
A proposed increase in the amount re-
quired under this subparagraph shall be
reported to the Commission.
(II) Notice and comment
The Commission shall publish in the
Federal Register such a proposed in-
crease and provide an opportunity for
public comment.
(2) Assessment and collection of fees by States
(A) Notice of election
Any State racing commission that elects
to remit fees pursuant to this subsection
shall notify the Authority of such election
not later than 60 days before the program ef-
fective date.
(B) Requirement to remit fees
After a State racing commission makes a
notification under subparagraph (A), the
election shall remain in effect and the State
racing commission shall be required to remit
fees pursuant to this subsection according to
a schedule established in rule developed by
the Authority and approved by the Commis-
sion.
(C) Withdrawal of election
A State racing commission may cease re-
mitting fees under this subsection not ear-
lier than one year after notifying the Au-
thority of the intent of the State racing
commission to do so.
(D) Determination of methods
Each
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3053
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