Sec. 8. (a) As used in this section, “milkshake or bicarbonate loading” means a bicarbonate or alkaline substance, administered to a horse by any possible means, that elevates the horse’s bicarbonate level or pH level above those existing naturally in the untreated horse at normal physiological concentrations as determined by the commission.

     (b) A finding by the chemist or an authorized commission employee that a milkshake or bicarbonate loading or a foreign substance, other than a medication permitted by the rules of the commission, is present in the tested biological sample shall be considered:

(1) a positive test and a violation of section 2 of this chapter; and

(2) prima facie evidence that:

(A) the milkshake or bicarbonate loading or foreign substance was administered and carried or attempted to be carried in the body of the horse while participating in a race; and

(B) the trainer and the trainer’s agents responsible for the care and custody of the horse have been negligent in the handling or care of the horse.

     (c) The commission may establish the concentration level that is an unacceptable concentration level for substances that it considers necessary for the detection of a milkshake or bicarbonate loading under this section.

As added by P.L.341-1989(ss), SEC.2. Amended by P.L.24-1992, SEC.38; P.L.50-1995, SEC.8; P.L.34-2006, SEC.2; P.L.168-2019, SEC.12.