Title 9 Part 4081

In order to qualify for registration as a New York-bred, a thoroughbred horse must have been foaled in New York State and:

In order to qualify for registration as a New York-bred, the foal of a resident mare must have been foaled in New York State and the dam of such foal must have been continuously in residence in New York State from the date of conception in New York State or within 120 days after her last cover in the year of conception occurring outside New York State until foaling.

In order to qualify for registration as a New York-bred, the foal of a non-resident mare must have been foaled in New York State, and the dam of such horse must have been bred back in New York State to a registered New York stallion in the year of foaling and must have remained in New York State for a minimum of 90 consecutive days after arrival. If the dam of such foal is bred to a stallion outside of New York State in the year of foaling, the foal of the new resident mare shall not be eligible for registration as a New York-bred.

Effective for public auction sales occurring on or after November 1, 2019, a non-resident mare that is purchased in foal through public auction will be deemed to be a resident mare for all purposes if each of the following conditions is satisfied:

In the event that any of the foregoing conditions in this subdivision are not met, no breeder, owner or stallion awards attributable to the foal from public auction mare shall be due or owing to the individual or entity that purported to purchase the public auction mare in accordance with this section, provided, however, that nothing in this subdivision shall affect the owner awards or stallion awards that may be due and owing to individuals or entities that are not controlled by or affiliated with the individual or entity that purported to purchase the public auction mare in accordance with this section.

To qualify as having been bred back in New York, a mare, after foaling in New York State, shall remain in New York for a minimum of 90 consecutive days after arrival. During such applicable period, such mare shall be booked exclusively to and serviced exclusively by a registered New York sire. Should such mare fail to be so certified as in foal during such period, it may be taken from the State after that minimum 90-consecutive-day period and be deemed "bred back" provided it is not serviced by a nonregistered New York sire thereafter in the year. Should such mare die or otherwise become medically unfit for breeding during or after foaling, it shall be considered "bred back" if such mare had been booked for service to a registered New York stallion in such year and, if alive, was not serviced by a nonregistered New York sire thereafter during such year or the following year.

To qualify as permanently quartered or as having remained in New York State for a minimum of 90 days after the date of foaling in New York State, a mare shall be continuously present and available for examination within the State during the applicable period except that:

It shall be the burden of the applicant for registration to establish by proof satisfactory to the fund that a horse is qualified under these rules for registration. Should a question arise subsequent to registration as to the validity of such registration, it shall be the burden of the party or parties asserting such validity to establish the validity thereof.

Nothing herein contained shall be deemed to prevent the commission upon request of the fund, or upon the commission’s own initiative, from conducting an investigation into the registration requirements established by these rules or the participation by any individual in such process.