FTC Extends Effective Date of Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control Rule to May 22

The Federal Trade Commission has issued a final rule that extends the effective date for the Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control Rule until May 22, 2023.

The FTC previously issued an order on March 27, 2023, approving the Anti-Doping Rule and putting it into effect as of that date.

Today’s new FTC rule notes that a recent federal court decision delayed the implementation of the Anti-Doping Rule until May 1, and the FTC rule also notes that further extending the Anti-Doping Rule’s effective date to May 22 will ensure that the horseracing industry has sufficient time to prepare for the Anti-Doping Rule to become effective.

The FTC’s rule notes that the extension will also avoid the chaos and confusion that could occur if the Anti-Doping Rule became effective on May 1, during the lead up to the “Triple Crown” races scheduled during May.

The Horseracing Integrity and Safety Act, which recognized the Authority, includes a requirement that its rules (and any future modifications to those rules) must be submitted for approval to the FTC. The Act requires that the FTC approve submitted rules if it finds that they are “consistent with” the Act and the FTC’s procedural rules governing the submission process.

The Commission vote to approve the final rule was 3-0.