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15 U.S.C. § 3059 — Unfair or deceptive acts or practices

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3059 — Unfair or deceptive acts or practices

The sale of a covered horse, or of any other horse in anticipation of its future participation in a covered race, shall be considered an unfair or deceptive act or practice in or affecting commerce under [section 45(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a&num=0&edition=prelim) if the seller— (1) knows or has reason to know the horse has been administered— (A) a bisphosphonate prior to the horse’s fourth birthday; or (B) any other substance or method the Authority determines has a long-term degrading effect on the soundness of the covered horse; and (2) fails to disclose to the buyer the administration of the bisphosphonate or other substance or method described in paragraph (1)(B).

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Source file: Laws/federal/codes/united-states-code/title-15/section-3059-unfair-or-deceptive-acts-or-practices--bd215a789d.md
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Source location: Title 15, Chapter 57A, § 3059; chapter-57a-horseracing-integrity-and-safety.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3054 — Jurisdiction of the Commission and the Horseracing Integrity and Safety Authority

**(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

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3059 — Unfair or deceptive acts or practices

Page 1985 TITLE 15—COMMERCE AND TRADE § 3059 (ii) may affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final civil sanction of the Authority; and (iii) may make any finding or conclusion that, in the judgment of the administra- tive law judge, is proper and based on the record. (B) Final decision A decision under this paragraph shall con- stitute the decision of the Commission with- out further proceedings unless a notice or an application for review is timely filed under subsection (c). (c) Review by Commission (1) Notice of review by Commission The Commission may, on its own motion, re- view any decision of an administrative law judge issued under subsection (b)(3) by pro- viding written notice to the Authority and any interested party not later than 30 days after the date on which the administrative law judge issues the decision. (2) Application for review (A) In general The Authority or a person aggrieved by a decision issued under subsection (b)(3) may petition the Commission for review of such decision by filing an application for review not later than 30 days after the date on which the administrative law judge issues the decision. (B) Effect of denial of application for review If an application for review under subpara- graph (A) is denied, the decision of the ad- ministrative law judge shall constitute the decision of the Commission without further proceedings. (C) Discretion of Commission (i) In general A decision with respect to whether to grant an application for review under sub- paragraph (A) is subject to the discretion of the Commission. (ii) Matters to be considered In determining whether to grant such an application for review, the Commission shall consider whether th

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