(a) The Commissioner of Agriculture, at the request and expense of the authority in charge of any animal drawing contest, shall provide for the administration of a program to test, immediately before or after a drawing contest, for the presence of drugs in any animals participating in such contest. The authority may charge the owner of the animal being tested for the cost of such test. The commissioner may, within available appropriations, on the commissioner's own initiative and at state expense test animals participating in such contest on a random basis for the presence of drugs. The authority in charge of such contest shall provide well-lighted facilities, removed from the public, for the administration of such test. The owner or trainer or both the owner and trainer of any animal to be tested shall submit such animal for testing and shall provide assistance and proper restraint for confining such animal for and during the administration of such test. If the animal continues to resist the test after restraint is applied and the person administering the test determines a danger exists to the animal or persons present at the test, an alternative test shall be administered. No prize money shall be paid until the result of the test is known. If any such test reveals the presence of a drug in any such animal, such animal shall be disqualified to participate in such contest, shall be ineligible to receive any prize money awarded in such contest and shall be barred from participating in any such contest held in this state for a period of one year from the date of receipt by the commissioner of the results of the test. The owner or trainer or both the owner and trainer of any such animal shall be barred from entering any other animal in any such contest held in this state for a period of not less than one year nor more than two years at the commissioner's discretion from the date of receipt by the commissioner of the results of the test for the first finding of the presence of a drug and for a period of not less than two years nor more than three years at the commissioner's discretion for a second such finding. The owner of any such animal shall reimburse the authority in charge of such animal drawing contest or the state, as the case may be, for the expense of such test. The owner may appeal, in accordance with the provisions of chapter 54, any action by the commissioner authorized by this section. As used in this section: (1) “Drug” means any medication, stimulant, depressant, hypnotic or narcotic used in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; and (2) “trainer” means any person responsible for the care, training, custody or performance of an animal including, but not limited to, a person who signs an entry form for participation in a drawing contest or who has control of the animal during a drawing contest.

(b) Any owner or trainer or both the owner and trainer who: (1) Fails to submit an animal for drug testing, as provided in subsection (a) of this section; (2) fails to assist in the drug testing of an animal, as provided in subsection (a) of this section; (3) does not provide proper restraint for confining such animal for and during the administration of such drug test; or (4) interferes in the restraint or drug testing of such animal shall: (A) Be disqualified from participating in such contest and such animal shall be barred from participating in any such contest held in this state for a period of one year from the date of the contest; (B) be ineligible to receive any prize money awarded in such contest; and (C) be barred from entering any other animal in any such contest held in this state for a period of not less than one year nor more than two years, at the commissioner's discretion, from the date of such contest.

(c) Any owner or trainer or both the owner and trainer who violates subsection (a) or (b) of this section shall be subject to administrative civil penalties, as provided in section 22-7.

(d) Any owner or trainer or both the owner and trainer of any animal that tests positive for the presence of drugs in any other state shall be prohibited from entering any animal in a drawing contest in this state for a period of not less than one year or more than two years at the commissioner's discretion from the date of any such drug test.

(1969, P.A. 113; 1971, P.A. 26; 872, S. 446, 448; P.A. 74-143, S. 1, 2; P.A. 75-362; P.A. 79-147; P.A. 82-200, S. 1, 2; June Sp. Sess. P.A. 91-10, S. 6, 20; P.A. 96-243, S. 12, 16; P.A. 01-77, S. 1, 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)

History: 1971 acts made provisions applicable to any animals where previously applicable to horses alone and did not specify nature of test to determine presence of drugs where previously “saliva” test was specified and replaced commissioner of agriculture and natural resources with commissioner of agriculture; P.A. 74-143 rephrased provisions without changing content of section except to substitute references to animal drawing contests for references to agricultural fairs and to bar animals as well as owners from participation in contests for two years if drug tests positive; P.A. 75-362 required that owner of drugged animal reimburse contest authorities for expense of test; P.A. 79-147 substituted “prohibited substance(s)” for “drug(s)” and defined the term, required tests both before and after contest where previously only postcontest testing required and added provisions detailing responsibilities of contest authorities and animal owners re testing procedure; P.A. 82-200 amended the section to authorize alternative tests, defined and substituted the term “drug” for “prohibited substance”, reduced period barring drugged animals from contests from two years to one year, reduced the period barring an owner from contests from two years to between one to two years for a first violation and established a penalty for a second violation and gave the owner the right to appeal; June Sp. Sess. P.A. 91-10 deleted authority of commissioner to provide for drug-testing of animals at state expense and authorized an authority in charge of certain events to charge for the cost of any such testing which it requires; P.A. 96-243 added provision authorizing commissioner to conduct random drug testing of animals in drawing contests, effective June 6, 1996; P.A. 01-77 designated existing provisions as Subsec. (a) and amended same by extending responsibility for testing of an animal to the trainer of the animal, defining “trainer” and making technical changes, added Subsecs. (b) and (c) re penalties for owners and trainers who fail to comply with testing requirements, and added Subsec. (d) re penalties for the owner and trainer of an animal that tests positive for drugs, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.