{"identifier":"/us/usc/t15/s3056","title":15,"num":"\u00a7\u202f3056.","heading":"Racetrack safety program","text":"\u00a7\u202f3056.\nRacetrack safety program\n(a)\nEstablishment and considerations\n(1)\nIn general\nNot later than the program effective date, and after notice and an opportunity for public comment in accordance with\nsection 3053 of this title\nsection 3054(d) of this title\n(2)\nConsiderations in development of safety program\nIn 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\u2019s International Agreement on Breeding, Racing, and Wagering, and the British Horseracing Authority\u2019s Equine Health and Welfare program.\n(b)\nElements of horseracing safety program\nThe horseracing safety program shall include the following:\n(1) A set of training and racing safety standards and protocols taking into account regional differences and the character of differing racing facilities.\n(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).\n(3) A racing surface quality maintenance system that\u2014\n(A) takes into account regional differences and the character of differing racing facilities; and\n(B) may include requirements for track surface design and consistency and established standard operating procedures related to track surface, monitoring, and maintenance (such as standardized seasonal assessment, daily tracking, and measurement).\n(4) A uniform set of track safety standards and protocols, that may include rules governing oversight and movement of covered horses and human and equine injury reporting and prevention.\n(5) Programs for injury and fatality data analysis, that may include pre- and post-training and race inspections, use of a veterinarian\u2019s list, and concussion protocols.\n(6) The undertaking of investigations at racetrack and non-racetrack facilities related to safety violations.\n(7) Procedures for investigating, charging, and adjudicating violations and for the enforcement of civil sanctions for violations.\n(8) A schedule of civil sanctions for violations.\n(9) Disciplinary hearings, which may include binding arbitration, civil sanctions, and research.\n(10) Management of violation results.\n(11) Programs relating to safety and performance research and education.\n(12) An evaluation and accreditation program that ensures that racetracks in the United States meet the standards described in the elements of the Horseracing Safety Program.\n(c)\nActivities\nThe following activities shall be carried out under the racetrack safety program:\n(1)\nStandards for racetrack safety\nThe development, by the racetrack safety standing committee of the Authority in\nsection 3052(c)(2) of this title\n(2)\nStandards for safety and performance accreditation\n(A)\nIn general\nNot later than 120 days before the program effective date, the Authority, in consultation with the racetrack safety standing committee, shall issue, by rule in accordance with\n(i) safety and performance standards of accreditation for racetracks; and\n(ii) the process by which a racetrack may achieve and maintain accreditation by the Authority.\n(B)\nModifications\n(i)\nIn general\nThe Authority may modify rules establishing the standards issued under subparagraph (A), as the Authority considers appropriate.\n(ii)\nNotice and comment\nThe Commission shall publish in the Federal Register any proposed rule of the Authority, and provide an opportunity for public comment with respect to, any modification under clause (i) in accordance with\nsection 3053 of this title\n(C)\nExtension of provisional or interim accreditation\nThe Authority may, by rule in accordance with\nsection 3053 of this title\n(3)\nNationwide safety and performance database\n(A)\nIn general\nNot later than one year after the program effective date, and after notice and an opportunity for public comment in accordance with\nsection 3053 of this title\n(B)\nCollection of information\nIn accordance with the registration of covered persons under\nsection 3054(d) of this title","url":"https://projectusc.org/usc/t15/s3056.html","content":[{"t":"sec","id":"/us/usc/t15/s3056","children":[{"t":"num","text":"\u00a7\u202f3056."},{"t":"heading","text":"Racetrack safety program"},{"t":"subsec","id":"/us/usc/t15/s3056/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Establishment and considerations"},{"t":"para","id":"/us/usc/t15/s3056/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Not later than the program effective date, and after notice and an opportunity for public comment in accordance with ","children":[{"t":"ref","text":"section 3053 of this title","href":"/us/usc/t15/s3053","tail":", 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 "},{"t":"ref","text":"section 3054(d) of this title","href":"/us/usc/t15/s3054/d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Considerations in development of safety program"},{"t":"content","children":[{"t":"p","text":"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\u2019s International Agreement on Breeding, Racing, and Wagering, and the British Horseracing Authority\u2019s Equine Health and Welfare program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s3056/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Elements of horseracing safety program"},{"t":"chapeau","text":"The horseracing safety program shall include the following:"},{"t":"para","id":"/us/usc/t15/s3056/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" A set of training and racing safety standards and protocols taking into account regional differences and the character of differing racing facilities.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" A racing surface quality maintenance system that\u2014"},{"t":"subpara","id":"/us/usc/t15/s3056/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" takes into account regional differences and the character of differing racing facilities; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s3056/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" may include requirements for track surface design and consistency and established standard operating procedures related to track surface, monitoring, and maintenance (such as standardized seasonal assessment, daily tracking, and measurement).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" A uniform set of track safety standards and protocols, that may include rules governing oversight and movement of covered horses and human and equine injury reporting and prevention.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" Programs for injury and fatality data analysis, that may include pre- and post-training and race inspections, use of a veterinarian\u2019s list, and concussion protocols.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" The undertaking of investigations at racetrack and non-racetrack facilities related to safety violations.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" Procedures for investigating, charging, and adjudicating violations and for the enforcement of civil sanctions for violations.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" A schedule of civil sanctions for violations.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" Disciplinary hearings, which may include binding arbitration, civil sanctions, and research.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" Management of violation results.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" Programs relating to safety and performance research and education.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/b/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" An evaluation and accreditation program that ensures that racetracks in the United States meet the standards described in the elements of the Horseracing Safety Program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s3056/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Activities"},{"t":"chapeau","text":"The following activities shall be carried out under the racetrack safety program:"},{"t":"para","id":"/us/usc/t15/s3056/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Standards for racetrack safety"},{"t":"content","children":[{"t":"p","text":"The development, by the racetrack safety standing committee of the Authority in ","children":[{"t":"ref","text":"section 3052(c)(2) of this title","href":"/us/usc/t15/s3052/c/2","tail":" of uniform standards for racetrack and horseracing safety."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Standards for safety and performance accreditation"},{"t":"subpara","id":"/us/usc/t15/s3056/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Not later than 120 days before the program effective date, the Authority, in consultation with the racetrack safety standing committee, shall issue, by rule in accordance with ","children":[{"t":"ref","text":"section 3053 of this title","href":"/us/usc/t15/s3053","tail":"\u2014"}]},{"t":"clause","id":"/us/usc/t15/s3056/c/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" safety and performance standards of accreditation for racetracks; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s3056/c/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the process by which a racetrack may achieve and maintain accreditation by the Authority.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s3056/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Modifications"},{"t":"clause","id":"/us/usc/t15/s3056/c/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Authority may modify rules establishing the standards issued under subparagraph (A), as the Authority considers appropriate.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s3056/c/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Notice and comment"},{"t":"content","children":[{"t":"p","text":"The Commission shall publish in the Federal Register any proposed rule of the Authority, and provide an opportunity for public comment with respect to, any modification under clause (i) in accordance with ","children":[{"t":"ref","text":"section 3053 of this title","href":"/us/usc/t15/s3053","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s3056/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Extension of provisional or interim accreditation"},{"t":"content","children":[{"t":"p","text":"The Authority may, by rule in accordance with ","children":[{"t":"ref","text":"section 3053 of this title","href":"/us/usc/t15/s3053","tail":", extend provisional or interim accreditation to a racetrack accredited by the National Thoroughbred Racing Association Safety and Integrity Alliance on a date before the program effective date."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s3056/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Nationwide safety and performance database"},{"t":"subpara","id":"/us/usc/t15/s3056/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Not later than one year after the program effective date, and after notice and an opportunity for public comment in accordance with ","children":[{"t":"ref","text":"section 3053 of this title","href":"/us/usc/t15/s3053","tail":", the Authority, in consultation with the Commission, shall develop and maintain a nationwide database of racehorse safety, performance, health, and injury information for the purpose of conducting an epidemiological study."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s3056/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Collection of information"},{"t":"content","children":[{"t":"p","text":"In accordance with the registration of covered persons under ","children":[{"t":"ref","text":"section 3054(d) of this title","href":"/us/usc/t15/s3054/d","tail":", the Authority may require covered persons to collect and submit to the database described in subparagraph (A) such information as the Authority may require to further the goal of increased racehorse welfare."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}