HISA Clarifies ‘Search & Seizure’ Rule On Private Farms

by Chelsea Hackbarth


During a Thursday webinar hosted by the Maryland Thoroughbred Horsemen’s Association, Horseracing Integrity and Safety Authority CEO Lisa Lazarus issued clarifications about the much-maligned “search and seizure” rule.

Listed as Regulation 5830 (B), which has not yet been approved by the Federal Trade Commission (FTC)  and is still open for public comment, the rule states:

“The Agency may enter facilities, offices, stables, barns, or any other premises related to Covered Horses which are owned, controlled, or occupied by Covered Person(s) and: (1) inspect and search the premises including any books, records or property, and to take possession or a sample of any item or material believed to be, or that may lead to, evidence directly or indirectly of a violation of the Protocol; (2) search any Covered Person or Covered Horse on the premises; (3) access electronically stored data, including emails, computers, and mobile phones and devices without altering such data or device(s) other than to forward, back up, copy or make a mirror image of such data or device(s); (4) conduct identification and medication checks on any Covered Horse; (5) inspect and take copies of any records the Covered Person is required to keep under the Protocol; (6) examine any Covered Horse under the care of a Covered Person and take Samples from the Covered Horse for analysis.”


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