News

The Horseracing Integrity & Welfare Unit (HIWU) announced today the release of its 2023 Annual Report. The full report is available here. The Annual Report details HIWU’s organization-wide activities as the independent enforcement agency of the Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control (ADMC) Program. Among the highlights are statistics on testing, results management, the adjudication of cases, investigations, and educational efforts. “We are pleased to present this comprehensive look at HIWU’s work on behalf of the Thoroughbred industry,” said Ben Mosier, executive director for HIWU. “The Report illustrates the tremendous team effort that was required to bring the ADMC Program to life and administer it nationwide, as well as the support and collaboration of industry groups and horsemen who have worked with us to help make the Program successful.” All Annual Reports will be archived in the About Us section of the HIWU website at hiwu.org for viewing anytime. About the Horseracing Integrity & Welfare Unit The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority’s (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program establishes a centralized testing and results management process that applies uniform penalties for violations efficiently and consistently across all American Thoroughbred racing jurisdictions that HISA governs. As the enforcement agency of the ADMC Program, HIWU oversees all testing processes, including the selection of horses to be tested, training of sample collection personnel, and chain of custody procedures. Additionally, HIWU is charged with industry/stakeholder education, laboratory accreditation, results management and adjudication, and investigations. For more information, please visit hiwu.org. Contact: Alexa Ravit, HIWU Director of Communications & Outreach  (816) 516-9572  aravit@hiwu.org

Horsemen’s Advisory: Capsaicin The Horseracing Integrity & Welfare Unit (HIWU) would like to draw horsemen’s attention to capsaicin and its presence in products that are commonly used on or around Covered Horses. Capsaicin is an active component in many peppers and is responsible for their hot/irritant properties. Consequently, many horsemen use pepper pastes, hot sauce, and similar products to discourage horses from chewing on bandages or stall doors. However, capsaicin also has an analgesic effect and is often included in topical pain relief products such as creams, ointments, liniments, braces, and patches. For this reason, the Horseracing Integrity and Safety Authority categorizes capsaicin as a Class B Controlled Medication Substance. It is regulated in Post-Race, Vets’ List, and Post-Work Samples. Studies have found that capsaicin is absorbed and eliminated more rapidly from the body when consumed or administered orally compared to when it is administered topically. Thus, the route of administration for or exposure to capsaicin is a factor in dictating a horse’s individual risk for a positive test. In consideration of the fact that HIWU’s partner laboratories have been testing for capsaicin since the Anti-Doping and Medication Control Program’s inception and that there had been no adverse findings reported until this year, HIWU believes that the use of pepper/capsaicin products on bandages, doors, and other items/areas represents a minimal risk for a positive test. For any over-the-counter topical products (e.g. liniments, body braces) or oral supplements, horsemen should read all labels to check for capsaicin in the list of ingredients and exercise caution when using these products in close proximity to a race or workout. Capsaicin is also in peppers or pepper derivatives, including, but not limited to, chili peppers, cayenne peppers, and paprika, and should also be noted if mentioned on a label. Horsemen or veterinarians with questions should reach out to sciencesupport@hiwu.org.

Advisory: Dexamethasone Acetate • Please be aware that dexamethasone acetate is being used in some compounded products. It is important to note that it is different from dexamethasone. • In humans, dexamethasone acetate has a much longer half-life than dexamethasone alone and thus is eliminated more slowly than dexamethasone. However, the exact effect of the addition of acetate on slowing the elimination of dexamethasone from the horse has not been studied. • Consequently, there is an unknown risk for a positive test result in a Post-Race, Vets’ List, or Post-Work Sample when dexamethasone acetate is used. • There is no commercially available, FDA-approved formulation of dexamethasone acetate; it is only available as a compounded medication. • Should a horse require treatment: • It is advisable to administer dexamethasone. Dexamethasone has been extensively researched through administration studies, and the Racing Medication & Testing Consortium has recommended Withdrawal Guidance for its use. OR • If dexamethasone acetate is determined to be the drug of choice for a given horse’s condition, Clearance Testing through HIWU is recommended.

HIWU recommends caution when administering any kind of dietary supplements to Covered Horses. While the Anti-Doping and Medication Control (ADMC) Program permits the possession and use of dietary supplements such as vitamins, minerals, herbs, and homeopathic products, Covered Persons should be aware that dietary supplements are not regulated or evaluated by the FDA for safety, purity, stability, potency, or efficacy prior to their sale. For example, HIWU recently received notice that an herbal product sold under the name “Yunnan Paiyao” tested positive for the presence of ephedrine, a Class A Controlled Medication. Ephedrine is not listed in the product’s ingredients. A positive test result stemming from the presence of a Prohibited Substance in a supplement will be prosecuted by HIWU as an ADMC Program violation regardless of whether or not the product label listed the Prohibited Substance as an ingredient. Covered Persons are reminded that HISA and HIWU do not approve, certify, or endorse dietary supplements or other feed products as being permitted under the ADMC Program.

Following the Federal Trade Commission’s approval to add iron dextran to the Banned Substances list under the Horseracing Integrity and Safety Authority’s (HISA) Anti-Doping and Medication Control (ADMC) Program rules, the Horseracing Integrity & Welfare Unit (HIWU) announced today that it will use the next 30 days as an educational period to give Covered Persons time to adapt to the new rule. Enforcement of the iron dextran rule will begin on December 27, 2023. As a reminder, the use/attempted use, administration/attempted administration, possession, or trafficking of a Banned Substance constitutes an Anti-Doping Rule Violation under the ADMC Program. HIWU urges Covered Persons to remove iron dextran from their barns, offices, trucks, and other areas connected to their business with Covered Horses. HISA recommended the designation of iron dextran and products containing iron dextran as Banned Substances due to the substance’s potential to compromise equine welfare. Questions related to iron dextran and the respective rule update should be directed to sciencesupport@hiwu.org

In accordance with the Horseracing Integrity & Welfare Unit’s (HIWU) commitment to fairly and effectively implementing the Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control (ADMC) Program, HIWU is in continuous communication with its contracted laboratories to promote harmonized and consistent testing. Historically, the presence of cocaine, a Banned Substance under the ADMC Program, has been regulated in blood and urine through its metabolite, benzoylecgonine (BZE). This is because cocaine quickly metabolizes in the body, making it difficult to detect through testing. The control of BZE in urine has been harmonized across testing laboratories for years. Recently, Covered Horses trained by Keri Brion and R. McLane Hendriks tested positive for BZE in blood. While controls in urine for BZE have long been established, no corresponding testing specifications existed for blood. These circumstances prompted HIWU to lift each trainer’s Provisional Suspension and review scientific literature to determine appropriate testing specifications for blood such that it would correspond to existing controls in urine. The goal of this investigation was to ensure that cocaine is regulated consistently regardless of the testing matrix. Examination of the existing scientific literature failed to identify a testing specification for BZE in blood. However, in consultation with multiple scientific advisors, including laboratory directors, HIWU reviewed laboratory testing data in which BZE was detected in blood and urine samples collected in the same session and was able to determine a testing specification for blood based on this previously unavailable information. As a result of this investigation, HIWU concluded that the levels of BZE detected in the blood samples for Hendriks’ and Brion’s horses will not be pursued as Adverse Analytical Findings, for they did not exceed this new blood testing specification. In the interest of fairness to horsemen and program consistency, HIWU has elected to withdraw Brion’s and Hendriks’ cases. Contact: Alexa Ravit, HIWU Director of Communications & Outreach (816) 516-9572 aravit@hiwu.org

The Horseracing Integrity & Welfare Unit (HIWU) is dedicated to employing the most expansive and sensitive analytical technologies available for Pre- and Post-Race samples collected at the 2023 Breeders’ Cup World Championships. The analysis of Breeders’ Cup samples is being expedited, with testing of samples from Friday races already underway at the Kenneth L. Maddy Equine Analytical Chemistry Laboratory at UC Davis. The broad scope of testing that is being utilized requires sufficient time for completion when applied to all Post-Race samples collected. Accordingly, HIWU does not expect to report Post-Race results to the Breeders’ Cup on Monday, November 6, and Tuesday, November 7, as previously announced. HIWU’s reporting timelines for the Breeders’ Cup samples will comply with the requirements of the Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control Rules. About the Horseracing Integrity & Welfare Unit The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority’s (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program establishes a centralized testing and results management process that applies uniform penalties for violations efficiently and consistently across all American Thoroughbred racing jurisdictions that HISA governs. As the enforcement agency of the ADMC Program, HIWU oversees all testing processes, including the selection of horses to be tested, training of sample collection personnel, and chain of custody procedures. Additionally, HIWU is charged with industry/stakeholder education, laboratory accreditation, results management and adjudication, and investigations. For more information, please visit hiwu.org. Contact: Alexa Ravit, HIWU Director of Communications & Outreach (816) 516-9572 aravit@hiwu.org

The development and implementation of the Horseracing Integrity and Safety Authority’s (HISA) Anti-Doping and Medication Control (ADMC) Program represented a groundbreaking moment for Thoroughbred racing in the United States. For the first time, all industry participants across the country could look forward to working under the same set of medication rules and feel confident in the consistency of their application regardless of jurisdiction. The Horseracing Integrity & Welfare Unit (HIWU) launched the ADMC Program on May 22, 2023. I am pleased to say that HIWU is gaining traction in the industry as stakeholders become comfortable with our processes and staff. We acknowledge the creation of HISA and HIWU were significant changes for the sport – a sport that has been around for centuries – but fortunately, my team and I have been able to establish strong relationships with industry stakeholders at racetracks, state racing commissions, and laboratories across the country. Building on the progress that has been made is important to us, and we look forward to continuing to collaborate with all of you. In regard to industry partners, I must also recognize Alan Foreman, who has already been an outstanding ombudsman for HISA’s ADMC rules after less than two months in the role. His commitment to assisting horsemen while offering HISA and HIWU constructive feedback has been a huge asset for both my team and racing participants across the sport. HIWU has benefited from his passions for equine welfare, maintaining the integrity of Thoroughbred racing, and the rights of horsemen. We are greatly appreciative of his service. As part of HIWU’s commitment to transparency, the industry can look forward to the release of an annual report in the first quarter of 2024 that will detail HIWU’s activities and testing data in 2023. Additionally, HIWU will issue quarterly reports with testing statistics beginning next year. All of this information will be published on the HIWU website so it can be viewed by anyone at any time. In the meantime, we continue to make updates to our Public Disclosures pages and the case information we share. After five months of operations, the HIWU team can report the following metrics in relation to our impact on the sport: • Since the launch on May 22, nearly 38,000 horses have been tested by HIWU-certified sample collection personnel. • The HIWU Operations team has certified more than 500 individuals to serve as sample collection personnel through 64 training sessions and supportive visits. All sample collection personnel are trained in HISA-compliant policies and the paperless data collection system developed by HIWU, which enhances the integrity of the sample collection process and chain of custody procedures. • The six accredited laboratories utilized by HIWU have reported the presence of more than 30 unique Prohibited Substances, including a dozen Banned Substances. • There are currently 10 reported cases being adjudicated for alleged non-presence violations, including the possession of Banned Substances and the use of Prohibited Methods (e.g., use of intra-articular injections within 14 days of a race). • HIWU has received positive samples for 23 substances included under the Atypical Findings Policy. Of those findings, 15 have already been resolved, with 14 deemed negative, and one pursued as an Adverse Analytical Finding (i.e., positive test). The remaining eight cases are pending. • ADMC cases have been resolved in an average of 62 days from the date the alleged violation occurred (e.g., date of sample collection). • The HIWU Investigations Unit has overseen more than 100 barn searches nationwide. These searches have resulted in 10 possession cases for Banned Substances. • HIWU’s anonymous whistleblower platforms have received more than 70 tips. • HIWU’s science team has conducted educational sessions via in-person meetings or Zoom to horsemen at more than 30 racetracks and training centers. • The HIWU website contains more than 40 educational resources, including fact sheets and videos. • The HIWU app, which features a comprehensive database of all Prohibited Substances, has been downloaded nearly 2,000 times in 13 countries. While I am extremely proud of my team thus far, our work is just beginning. I need only to look forward to this week for our largest assignment to date: administering the ADMC Program for the Breeders’ Cup World Championships. To all those in the Thoroughbred industry who have worked with us to get this Program off the ground and running, from horsemen, veterinarians, and stewards, to test barn staff, state racing commission personnel, and laboratory directors: thank you. My team and I appreciate your collaboration, perspectives, input, and willingness to make this Program the best it can be. Contact: Alexa Ravit, HIWU Director of Communications & Outreach (816) 516-9572 aravit@hiwu.org

Following discussions with the Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control Committee, the Horseracing Integrity & Welfare Unit (HIWU) will no longer impose Provisional Suspensions on Covered Persons upon the service of an Equine Anti-Doping (EAD) Notice for an Adverse Analytical Finding (i.e., positive test result) for Banned Substances that are recognized as substances of abuse in humans. Examples of Banned Substances that fall under this category include cocaine, methamphetamine, methylenedioxymethamphetamine (MDMA), and tetrahydrocannabinol (THC). If a Covered Horse’s A Sample tests positive for one of these Banned Substances, a Provisional Suspension will not be imposed on the relevant Covered Person until B Sample analysis confirms the presence of the Banned Substance or B Sample analysis has been waived by the Covered Person. Consequently, in compliance with Rule 3610(b), such cases will not be published on the HIWU website’s Public Disclosures page until after these steps occur. This change to the Public Disclosure protocol is consistent with current procedures for presence violations (i.e., positive tests) for Controlled Medication Substances. This policy applies retroactively to current pending cases, and Provisional Suspensions have been lifted on all Covered Persons who have not been charged and are waiting for B Sample results to be issued. This update is intended to address concerns within the industry that the names of Covered Persons were being publicly disclosed in cases involving the aforementioned types of substances before the Covered Persons had an opportunity to determine the source of the substance at issue, including whether it was the result of unintended human transfer. About the Horseracing Integrity & Welfare Unit The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority’s (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program establishes a centralized testing and results management process that applies uniform penalties for violations efficiently and consistently across all American Thoroughbred racing jurisdictions that HISA governs. As the enforcement agency of the ADMC Program, HIWU oversees all testing processes, including the selection of horses to be tested, training of sample collection personnel, and chain of custody procedures. Additionally, HIWU is charged with industry/stakeholder education, laboratory accreditation, results management and adjudication, and investigations. For more information, please visit hiwu.org. Contact: Alexa Ravit, HIWU Director of Communications & Outreach (816) 516-9572 aravit@hiwu.org

As part of the ongoing process to update the Horseracing Integrity and Safety Authority’s (HISA) Anti-Doping and Medication Control (ADMC) Program rules based on feedback from horsemen, the Horseracing Integrity & Welfare Unit (HIWU) conducted an internal review of the Limit of Detection in blood for Metformin, a Banned Substance, at its six accredited laboratories. Following this review, which was conducted in collaboration with the laboratories, it was determined that not all applied the same Limit of Detection in analyzing samples for the presence of Metformin. HIWU has since met with all six laboratories to establish an updated, uniform Limit of Detection. To preserve fairness in the adjudication of all reported Adverse Analytical Findings, i.e., positive test results, HIWU has lifted the Provisional Suspensions and will be withdrawing the Equine Anti-Doping Charge letters from trainers Guadalupe Munoz Elizondo and Javier Morzan due to their Covered Horses testing positive for Metformin at levels in blood that would not have been reported as Adverse Analytical Findings under the updated Limit of Detection. All laboratories contracted with HIWU to test samples in the United States are accredited by the Racing Medication & Testing Consortium. The HISA Equine Analytical Laboratory Accreditation standards are currently in development, and HIWU expects that the transition will continue through 2024. Presently, there are efforts to harmonize testing sensitivity across the laboratories through an external quality assurance program that includes single- and double-blind quality assurance samples and a passed sample exchange program. Additionally, substances will continue to be reviewed on a case-by-case basis to ensure that all laboratories contracted by HIWU report uniform results for the same substances present at the same levels in different samples. The review of and update to Metformin’s Limit of Detection in blood represents progress from previous state-based regulatory structures in which laboratories historically operated independently of each other, resulting in substances being controlled differently depending on the laboratory conducting the testing. HISA’s national structure enables HIWU to oversee all testing across the country and facilitate uniform enforcement of the ADMC rules. HIWU is committed to the harmonization of its laboratories and continues to work with them to reach this goal. Contact: Alexa Ravit, HIWU Director of Communications & Outreach (816) 516-9572 aravit@hiwu.org

The Horseracing Integrity and Safety Authority (HISA) and Horseracing Integrity & Welfare Unit (HIWU) announced today that Alan Foreman, the chairman and chief executive officer of the Thoroughbred Horsemen’s Associations, Inc. (THA), will serve as ombudsman on behalf of HISA’s rules, with a primary focus on the Anti-Doping and Medication Control (ADMC) Program. The appointment is effective immediately. As the national ombudsman, which is modeled after the World Anti-Doping Agency’s Ombuds Program, Foreman’s responsibilities include: Serving as an impartial and unbiased resource for Covered Persons and other Thoroughbred industry constituents to provide confidential advice and assistance at no cost to them in relation to the ADMC Program and the Racetrack Safety Program, including with respect to the rights and obligations of Covered Persons under both Programs. Accepting feedback and comments from Covered Persons and other Thoroughbred industry constituents with respect to the rules comprising both Programs and communicating such feedback and comments to HISA and/or HIWU. Providing advice to HISA and HIWU about the content and interpretation of the rules comprising both Programs. In addition to Foreman’s current position with the THA, which he is maintaining, Foreman is recognized as one of the leading racing law and equine attorneys in the United States, with expertise in medication, drug testing, equine safety, and welfare. His law practice encompasses all aspects of equine and horse racing law, and he is counsel to many horsemen’s and racing industry organizations, including the Maryland Thoroughbred Horsemen’s Association, New York Thoroughbred Horsemen’s Association, Pennsylvania Thoroughbred Horsemen’s Association, National Steeplechase Association, and the United States Equestrian Federation Drugs and Medications Program. He is co-vice chair of the Racing Medication & Testing Consortium. He chairs the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities, co-authored the widely respected New York Task Force Report on Racehorse Health and Safety, and was recently named by Maryland Governor Wes Moore to the newly created Maryland Thoroughbred Racetrack Operating Authority. Foreman has informed HISA and HIWU that he will donate all compensation paid to him by both groups in connection with his duties as ombudsman to the Thoroughbred Aftercare Alliance. “HISA’s commitment to fairness in racing includes ensuring every horseman is fully aware of our rules and processes,” said HISA Chief Executive Officer Lisa Lazarus. “I am grateful that Alan is assisting HISA and HIWU to help educate racing participants and listen and learn from them as we work together to implement HISA’s regulations as evenly and effectively as possible.” “The new ombudsman position will assist horsemen and other Covered Persons with navigating the ADMC rules, thus enhancing understanding and facilitating compliance under the ADMC Program,” said Ben Mosier, executive director of HIWU. “Alan’s extensive experience in horse racing law, combined with a thorough understanding of HISA’s rules, make him the ideal industry representative to take on this role.” “I applaud HISA and HIWU for creating this important position and am honored that they have asked me to serve. It is vital for all Covered Persons and organizations to have a trusted advocate and resource for them in this new system, and I will do my best to be fair, objective, effective and meaningful. I hope this position helps to smooth the transition to our new regulatory system,” said Foreman. Industry participants interested in utilizing the ombudsman service should reach out to Foreman via email at alan@foremanlaw.net or by phone at (410) 336-0525. About the Horseracing Integrity and Safety Authority When the Horseracing Integrity and Safety Act was signed into federal law, it charged the Horseracing Integrity and Safety Authority (HISA) with drafting and enforcing uniform safety and integrity rules in Thoroughbred racing in the U.S. Overseen by the Federal Trade Commission (FTC), HISA is implementing, for the first time, a national, uniform set of rules applicable to every Thoroughbred racing participant and racetrack facility. HISA is comprised of two programs: the Racetrack Safety Program, which went into effect on July 1, 2022, and the Anti-Doping and Medication Control (ADMC) Program, which went into effect on May 22, 2023. The Racetrack Safety Program includes operational safety rules and national racetrack accreditation standards that seek to enhance equine welfare and minimize equine and jockey injury. The Program expands veterinary oversight, imposes surface maintenance and testing requirements, enhances jockey safety, regulates riding crop use and implements voided claim rules, among other important measures. The ADMC Program includes a centralized testing and results management process and applies uniform penalties for violations efficiently and consistently across the United States. These rules and enforcement mechanisms are administered by an independent agency, the Horseracing Integrity and Welfare Unit (HIWU), established by Drug Free Sport International (DFSI). Contact: Mandy Minger, HISA Director of Communications (917) 846-8804 mandy.minger@hisaus.org About the Horseracing Integrity & Welfare Unit The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority’s (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program establishes a centralized testing and results management process that applies uniform penalties for violations efficiently and consistently across all American Thoroughbred racing jurisdictions that HISA governs. As the enforcement agency of the ADMC Program, HIWU oversees all testing processes, including the selection of horses to be tested, training of sample collection personnel, and chain of custody procedures. Additionally, HIWU is charged with industry/stakeholder education, laboratory accreditation, results management and adjudication, and investigations. For more information, please visit hiwu.org. Contact: Alexa Ravit, Director of Communications & Outreach (816) 516-9572 aravit@hiwu.org

Pursuant to 15 U.S.C. § 3054(g), the Horseracing Integrity and Safety Authority (“HISA”) issues the following guidance concerning the Rule 3000 Series, “Equine Anti-Doping and Controlled Medication Protocol”. Background: The Horse Racing Integrity and Safety Act (the “Act”) provides that the Authority shall “establish uniform rules, in accordance with section 3053 [of the Act], imposing civil sanctions against covered persons or covered horses for safety, performance, and anti-doping and medication control rule violations”, 15 U.S.C. §3057(d). Rule 3323(d)(1), copied below, stipulates certain rules that apply in circumstances where multiple Controlled Medication Rule Violations are committed in quick succession, prior to the Covered Person receiving notice from HIWU of the same. “Rule 3323. Ineligibility and Financial Penalties for Covered Persons […] (d) Additional rules for certain multiple violations. (1) Multiple violations for the same Controlled Medication Substance/Method incurred by a Covered Person in relation to the same Covered Horse prior to delivery of an ECM Notice may (at the Agency's discretion) be treated together as a single Controlled Medication Rule Violation, unless the facts demonstrate that there was more than one administration. Multiple violations for the same Controlled Medication Substance/Method incurred by a Covered Person in relation to different Covered Horses prior to delivery of an ECM Notice may each be treated as a first Controlled Medication Rule Violation within the relevant category/class. Where multiple Controlled Medication Substances are detected in a single Post-Race Sample or Post-Work Sample, each Controlled Medication Substance may be treated as a separate violation and assigned separate penalty points”. As set out above, where there are multiple violations for the same Controlled Medication Substance or Controlled Medication Method in relation to the same Covered Horse prior to the delivery of a notice regarding any such violation, all of those violations may (at the Agency’s discretion) be treated together as a single Controlled Medication Rule Violation. However, if the same occurs in relation to different Covered Horses, each violation may be treated separately as a first Controlled Medication Rule Violation. In such circumstances, the sanction for each violation would be added together and served consecutively. The penalty points for each such violation would also be added together and may, depending on the circumstances, lead to additional sanctions pursuant to Rule 3328. GUIDANCE – September 8, 2023 The Authority considers that the same conduct (e.g., the same mistake resulting in a medication overage) repeated by a Covered Person in relation to different horses should not be punished more severely than where the same conduct is repeated in relation to one horse, because that would have the effect of punishing Covered Persons with a greater number of horses under their care more severely than those who have only one (or fewer) horses under their care. As a consequence, where there are multiple violations concerning the same Controlled Medication Substance or Controlled Medication Method prior to delivery of notification of any such violation, the Authority considers it fair and appropriate for the Agency to have discretion to treat those violations together as a single Controlled Medication Rule Violation. The Authority does not consider that any change should be made to the equivalent provision applicable to Anti-Doping Rule Violations (Rule 3228(c)(1)) because Banned Substances and Banned Methods are prohibited at all times and therefore the administration of the same Banned Substances or same Banned Method to different horses prior to notice cannot be considered a mistake that warrants lesser penalties. Guidance: Considering the background set out above, Rule 3323(d)(1) shall be enforced by HIWU in the following manner: Multiple violations for the same Controlled Medication Substance/Method committed by a Covered Person in relation to the same or different Covered Horse(s) prior to delivery of an ECM Notice shall be treated together as a single Controlled Medication Rule Violation. However, the enforcement of multiple Controlled Medication Substances being detected in a single Sample shall be unchanged as set forth in the last sentence of Rule 3323(d)(1).