DECREE No. 96.993, of October 17, 1988 — Regulates Law No. 7.291, of December 19, 1984, which provides for equine breeding activities in the country and takes other measures.

Jockey I 17.10.88

By: sync

Share:

The PRESIDENT OF THE CHAMBER OF DEPUTIES, acting as President of the Republic, using the powers conferred upon him by Article 84, item IV, of the Constitution, and considering the provisions of Law No. 7.291, of December 19, 1984, which regulates equine breeding activities in the country,
DECREE:
TITLE I
Of Nature and Purpose
Article 1. The Coordinating Commission for the Creation of the National Horse – CCCCN, directly subordinate to the Minister of State for Agriculture, is responsible for, in accordance with Law No. 7.291, of December 19, 1984:
I – To regulate activities related to equine breeding in the country, coordinating and guiding government agencies and overseeing entities that bring together individuals or legal entities dedicated to the breeding, employment, and improvement of Brazilian equines, primarily aiming at strengthening national breeding;
II – In the interest of developing national breeding and expanding the respective labor market, to authorize the holding of horse races, with or without obstacles, and harness racing, with the operation of bets;
III – to establish rules for combating doping, respecting the international regulations governing the matter;
IV – to oversee compliance with specific legislation regarding equine breeding and genealogical registration of equine breeds;
V – to develop the national plan for the rational breeding and exploitation of equines;
VI – to oversee the revenues and expenditures of interest to horse racing;
VII – manage the revenue collection stipulated in the regulated law;
VIII – to oversee the execution of plans and programs developed with resources provided by it and the application of these resources;
IX – to promote zootechnical improvement and the development of herds of saddle horses, working horses, equestrian sports horses, and racing horses;
X – to issue technical and regulatory instructions governing the importation of equines of different breeds and species, with a view to improving the zootechnical condition of the national herd;
XI – to organize and oversee the genealogical registration of equines and donkeys;
XII – to encourage measures aimed at preserving endangered horse breeds;
XIII – to establish general rules for holding rodeos;
XIV – to establish standards for the zootechnical improvement of equines;
XV – to oversee, in accordance with the guidelines of the Secretariat of Animal Production, the zootechnical tests of equines carried out throughout the country.
Sole paragraph. Through contracts, agreements or arrangements signed by its President, the CCCCN will seek the collaboration of public bodies and entities dedicated to equine breeding activities in order to achieve its objectives.
TITLE II
From National Creation
CHAPTER I
On the Concept of Employment
Article 2. The national breeding of equines is the set of activities aimed at their preservation, multiplication, improvement and selection, with a view to their use in agriculture, sporting practices, in the interest of the national economy and in military endeavors.
Article 3. The use of equines should be encouraged, particularly in the following activities:
I – reproduction of diverse services, including rural and military activities, the transport of cargo or people, and traction;
II – equestrian sports, practical demonstrations and competitions;
III – horse racing competitions, subject to the provisions of these Regulations.
Sole paragraph. Measures aimed at encouraging agricultural activities will include the breeding of equines.
Article 4. The importation of equines will only be authorized when considered essential to the improvement of the national herd or to the official representation of the country in equestrian sports.
CHAPTER II
From the Genealogical Registry
Article 5. The CCCCN is responsible for regulating and overseeing genealogical registration work and zootechnical tests for different equine breeds, and for resolving doubts and questions arising between the breeder and the respective entity in charge of that registration.
Article 6. The CCCCN will indicate to the Minister of Agriculture the private entities capable of carrying out the work referred to in the previous article.
§ 1 The nomination will be made after analysis of the constitution, organization and functioning of the private entity.
§ 2 The genealogical registration of equines and donkeys will be carried out throughout the national territory, following the general guidelines of the Secretariat of Animal Production, as provided for in Law No. 4.716, of June 29, 1965, respecting the international recommendations accepted by the country.
Article 7. The genealogical registry of equines has the following purposes:
I – to preserve the purity of breeds and encourage the improvement of their zootechnical standards;
II – to promote the expansion of breeds and improve their qualities, according to the ideals pursued by selection;
III – to ensure the accurate identification of registered equines;
IV – to establish the annual number of births of equines and donkeys.
CHAPTER III
From Sanitary Defense
Article 8. The CCCCN will provide the National Secretariat for Agricultural Defense of the Ministry of Agriculture with technical collaboration, through information on the occurrence and development of diseases in equine herds for their diagnosis, eradication and control, and, within its resources, the necessary financial assistance.
TITLE III
Of Tourism Activities
CHAPTER I
How it Works
Article 9. The holding of horse races, with or without obstacles, and harness racing, with betting involved, aims to stimulate the breeding and employment of the native horse breed.
Sole paragraph. Entities authorized to hold races will promote programs with special incentives for animals raised in the country.
Article 10. The supervision of the activities covered by this chapter is the responsibility of the CCCCN.
Article 11. Authorization to operate betting establishments will be granted through the issuance, by the President of the CCCCN, of the respective patent letter, in accordance with the provisions of these Regulations.
Article 12. The authorization request (Article 11) must be made by submitting an application accompanied by the following documents:
I – General betting plan;
II - Appendix to the National Racing Code, when applicable (Law No. 7.291, of December 19, 1984, art. 16, sole paragraph);
III – demonstration of technical and economic feasibility for holding one or more weekly races, without prejudice to similar entities and serving the interests of national horse racing;
IV – Floor plan of the racetrack and other facilities.
§ 1 The general betting plan is the instrument that establishes the various types of bets, regulating them separately and conveniently, so that the bettor is perfectly aware of the entity's procedure regarding the calculation, distribution of winnings, percentage of withdrawals, and the particularities that govern the system adopted by it;
§ 2. The Appendix to the National Racing Code is the regulatory instrument, complementary to the National Racing Code, providing for the advisable peculiarities for each of the entities authorized to conduct horse races with betting operations.
Article 13. The general betting plan must be displayed by the turf organizations in locations accessible to the public, within the venues where the bets are placed.
Article 14. Technical feasibility must be verified biennially by the CCCCN, through an inspection carried out in all the premises and facilities of the turf entities where the activities foreseen in this chapter are developed.
Article 15. Economic viability shall be demonstrated by the turf entity during the period established for provisional operation, as provided for in the legislation, and annually, through an Accounting Report submitted by an auditing firm.
Article 16. The primary responsibilities of the turf entity are:
I – To hold horse races, in accordance with the provisions of the National Racing Code, drawn up by the CCCCN, with the primary objective of promoting national breeding and expanding the job market in agricultural activities;
II – to contribute to the improvement of the genetic standard of the breeds used in their competitions;
III – to contribute to the improvement of the living and working conditions of turf professionals;
IV – to contribute to the improvement of the national equine herd through zootechnical selection, judged according to the animal's performance;
V – To promote the dissemination of horse racing as an essential factor in the development of equine breeding of the breeds used in the competitions they hold, and to stimulate job creation in agricultural activities.
CHAPTER II
From the bets
Article 17. Bets are all forms of gambling for money carried out on horse races, sponsored by legally authorized entities, including contests, lottery games, auctions or betting auctions.
§ 1 The bets may be placed in accordance with the modalities provided for in the General Betting Plan, duly approved by the CCCCN.
§ 2 The operation of betting modalities not included in the approved General Betting Plan may be authorized, on an experimental basis, by the CCCCN, for a period not exceeding 180 days.
Article 18. Bets may only be placed on the premises of the racetrack, at the social headquarters, at branch offices, at authorized agencies, and through accredited agents.
Article 19. For the purposes of this Regulation, the following definitions apply:
I – racetrack, the place where horse races are held;
II – registered office, the property where the entity maintains facilities suitable for the interaction of its members;
III – branch offices, other dependencies of the entity, located away from the main office or the racetrack;
IV – branch, a unit located outside the headquarters and equipped with facilities suitable for its operation;
V – accredited agent, the natural or legal person authorized, in writing, by the turf entity, to receive bets.
Article 20. If it has more than one racetrack in operation, the authorized entity may sell bets for the competitions it promotes at any of them.
Article 21. Legally authorized turf entities may maintain accredited agencies and agents in other States or Municipalities, through contracts registered with the CCCCN.
Article 22. Authorization for the operation of betting agencies and the accreditation of agents will be granted by the CCCCN, respecting the regulations currently in force.
1. Applications for authorization for betting agencies must include the following documents:
a) Site plan of the premises, at a minimum scale of 1:500;
b) detailed description of the facilities, the equipment to be used for communication with the racetrack and its operation.
2. The accreditation of agents by the CCCCN will depend on:
a) of a request submitted through the turf entity;
b) an express declaration from the turf entity that it assumes responsibility for the bets sold by them on its behalf.
Article 23. The general betting plan must include:
I – the types of bets, regulated separately;
II – the unit value of each ticket, according to the respective type of bet;
III – the percentage to be deducted by the turf entity from the total amount wagered, in each type of bet;
IV – the calculation for the distribution of payouts to bettors in each of the betting modalities;
V – the minimum and maximum bonus limits for bets;
VI – In case of annulment, refunds and ticket replacements due to errors in issuance, non-completion of one or more races, withdrawal of animals, or any other unforeseen circumstances;
VII – the locations and times for receiving each type of bet;
VIII – the method of advertising bets;
IX – the statute of limitations for betting slips;
X – the destination of any amounts not received due to the expiration of the ticket price.
1. A turf meeting is considered to be a set of races grouped together in the same program.
2. The percentage to be withdrawn by the turf entity may not exceed, on a weekly average across the various betting modalities, 32% for turf entities with an average betting volume per meeting equal to or greater than five thousand times the Highest Reference Value, and 38% for racetracks with an average betting volume per meeting less than five thousand times the Highest Reference Value, as determined by the CCCCN.
CHAPTER III
Regarding the Organization of the Races
Article 24. Horse racing competitions involving betting shall be conducted in accordance with the General Betting Plan of each horse racing entity, the National Racing Code, and the rules established in these Regulations.
Article 25. The following are prohibited for horse racing organizations in the races they organize:
I – of equines imported in violation of legal provisions;
II – of purebred equines, of breeds different from those provided for in the statutes of each racing promotion society, provided that the betting volume, per meeting, was, in the previous year, equal to or greater than five thousand times the Highest Reference Value in force;
III – Equines that have been used for breeding, except for females that, although covered, have never given birth, and males that have proven to be sterile in their first breeding season;
IV – Equines that, upon veterinary examination, are found to be sick, bearing defects or congenital and acquired flaws that cause them suffering or excessive effort in competition;
V – Castrated equines, two or three years old, in the races listed in the Group I Race Test schedule, officially recognized by the Brazilian Association of Racehorse Breeders;
VI – Equines of any origin, without presentation of the Genealogical Registration Certificate, the Ownership Certificate and the Performance Certificate issued by the respective genealogical registration service (stud-book), which must be updated by the turf entities where they have participated in races.
Article 26. In racetracks where the average betting volume in the previous year was less than five hundred times the Highest Reference Value in effect, and in harness racing and quarter-horse racetracks, the participation of equines that have at least half blood of the respective breed will be permitted.
Article 27. The CCCCN will approve the holding of night races, provided that the racetrack has adequate lighting equipment.
Article 28. In municipalities with more than one turf entity, if there is no agreement between them, the CCCCN will set the days and times for their respective meetings.
Article 29. The printed programs for horse racing meetings must provide sufficient information to the bettor.
CHAPTER IV
From the Group
Article 30. For the purposes of this Regulation, "entrumação" means the grouping of equines for joint participation in a race.
Article 31. The CCCCN will annually divide the turf entities into categories A, B, and C, based on their respective betting volume at each meeting in the previous year, for the purpose of grouping.
Article 32. The grouping of horses in a common program, except in classic races, grand prix, special races and handicaps, will be done by the number of wins for the two, three, four and five-year-olds and, under the criterion of totals won, in first place, those of six years and older, counting, for this purpose, the wins and prizes won in any turf entity in the country or abroad.
Article 33. Prizes won abroad in common races will be calculated, in national currency, at twice the value of the highest prize money in effect for common races of horses of the same age in the country at the time of the respective victories; and the values ​​of classic races, at the equivalent of three times that prize money.
Art. 34. In category B or C turf entities, the grouping of equines aged two, three, four and five years may optionally be done according to the criterion of earnings.
Article 35. Any victory obtained in a category C turf event will only be considered, for the purpose of grouping, when the prize awarded is higher than the highest prize awarded to the losers of the same age in any turf event in the country where the aforementioned horses are registered.
Article 36. In Category A turf racing entities, the grouping of two, three, and five-year-old equines will be considered, obligatorily and unitarily, as a victory if obtained in races of any Category B turf racing entity in the country, of equal importance to the highest prize awarded to the winner of a common, qualifying race for equines of those ages, in the turf racing entities where the aforementioned equines are registered.
Art. 37. In category A racetracks, the entry plans, specifying the distances to be run, will be quarterly.
Art. 38. For the sole purpose of grouping, any victory obtained in a category A turf entity will be counted as a single win, regardless of its prize money.
Article 39. In proportion to what is appropriate in each case, the weights assigned to the equines shall correspond to the victories or sums earned by them.
Article 40. Category A horse racing entities must schedule, as a minimum, for horses aged three years and older, 5% for long-distance races, 40% for middle-distance races, and 35% for sprint races.
1. For the purposes of this article, the following definitions apply:
a) speed events, those from 700 to 1.300 meters;
b) middle-distance races, those longer than 1.300 and shorter than 2.000 meters;
c) long-distance races, those longer than 2.000 meters.
2. Category A turf organizations must hold at least three races per week, over a distance greater than two thousand meters (§ 1, c), regardless of the number of entries.
3. Races scheduled for distances over 1.800 meters will be mandatorily held whenever there are enough entries to ensure that the race will take place with at least six winning numbers, allowing for bets on the winner.
4. The following shall not be considered for the purpose of calculating the percentage of these races (§ 2): classics and grand prizes, handicaps, extraordinary races and special races.
Article 41. In turf racing venues, the minimum distance between races shall be seven hundred meters.
Art. 42. In category A racetracks, registration projects will be quarterly, and their publication must be made 45 days before the start of each quarter.
Article 43. For the purposes of this Regulation, the age of equines, for competition purposes, shall be calculated based on the criterion that defines the equestrian age adopted by the respective Brazilian breeders' associations.
Article 44. Subject to the provisions of international agreements to which Brazil is a signatory, classic programming shall be exclusively for products of national creation.
Single paragraph. In the schedules of turf organizations, only 10% of the races will be open to foreign competitors.
Article 45. The provisions of this chapter do not apply to entities that promote races for Quarter Horse and Trotter horses.
CHAPTER V
Regarding the Prize Distribution
Article 46. The turf organizations shall allocate:
I – to the breeders of national animals, placed in all races, an amount corresponding to at least 10% of the prizes distributed to their respective owners;
II – to the breeder of the national animal, and winner of the event, an amount equivalent to at least 3% of the total bets placed on the same animal as the winner; and
III – to the owners of the animals placed in 2nd, 3rd, 4th and 5th places, an amount equivalent to 30%, 20%, 10% and 5%, respectively, calculated on the winner's prize.
Sole paragraph. Entities whose betting volume per meeting in the previous year was equal to or less than five hundred times the current Highest Reference Value are excluded from the obligations established in this article.
Article 47. For the purposes of this Regulation, the breeder of an animal is understood to be the natural or legal person who owns the breeding female on the date of birth of the offspring, whose name appears in the books of the respective genealogical registry service.
Article 48. For the purposes of this Regulation, "owner" means the natural or legal person who holds the right of ownership over the horse, whose number is recorded in the books of the respective genealogical service.
Article 49. The allocations will be adjusted every sixty days at levels consistent with betting activity.
CHAPTER VI
Regarding the Collection of Funds by Entities and their Allocation
Article 50. Turf entities are subject to the monthly payment of a contribution to the Coordinating Commission for the Breeding of the National Horse – CCCCN, intended for its administration, the development of activities related to equine breeding in the country, assistance to breeders' associations of various breeds, professional turf associations, and turf entities, calculated on the value of the betting activity of the previous month, according to the percentages established in Article 11 of the Law, which is the subject of this Regulation.
§ 1º The General Betting Movement is considered to be the total of bets defined in article 17 of these Regulations, announced to the public by the turf entity for each race, for the purposes of calculating the prize distribution.
§ 2 In calculating the contribution due to the Coordinating Commission for the Creation of the National Horse – CCCCN, based on the percentage table referred to in this article, any fraction lower than the Highest Reference Value will be disregarded.
Article 51. The contribution due to the Coordinating Commission for the Creation of the National Horse – CCCCN, will be collected by the Federal Agricultural Fund of the Ministry of Agriculture, and made available to that commission by the 15th of each month following the month in question, for use in accordance with legal provisions.
§ 1 The amounts allocated to the CCCCN, as provided for in this article, corresponding to the total contributions collected in the previous month, will be kept in a special account at Banco do Brasil SA, under the title "Coordenadora da Criação de Cavalo Nacional – CCCCN" (Coordinating Commission for the Breeding of National Horses).
§ 2 The CCCCN will manage the special account referred to in the previous paragraph, in the manner established in its Internal Regulations, applying the resources in strict accordance with the annual plan approved by the Minister of State for Agriculture.
§ 3 The budgetary and extraordinary resources allocated to the activities of the CCCCN shall, where applicable, comply with the application procedures established in this article.
§ 4 The CCCCN will submit quarterly statements and annual accountability reports to the Federal Agricultural Fund of the Ministry of Agriculture, relating to the application of the resources referred to in this article.
Article 52. The calculation of the Average Betting Volume for the semesters will be done by dividing the total value of the General Betting Volume by the number of horse racing meetings that were held during the periods.
Article 53. The monthly calculation of Betting Movement will be made by dividing the total value of the General Betting Movement by the respective number of horse racing meetings held.
Article 54. Of the resources obtained from bets and other turf-related revenues of any nature, after deducting labor charges, social security contributions, and contributions due to the CCCCN, 99% will be used to cover expenses related to tourism and 1% for general expenses of the turf entities.
§ 1. Expenses of interest to horse racing are understood to be those relating to horse racing and equines in general.
§ 2. General expenses are understood to be those of an administrative nature not inherent to the organization of equine races.
Article 55. Revenues and expenses related to horse racing will be detailed in a standardized accounting plan approved by the CCCCN.
Article 56. The following are considered revenues of interest to horse racing:
I – those resulting from the operation of any type of betting, as provided for and carried out in accordance with this Regulation;
II – those resulting from the rental of premises or the operation of turf activities carried out at racetracks, development centers, agencies, or any premises or facility directly or indirectly linked to turf activity;
III – the proceeds from the sale of any movable, immovable or livestock property acquired with resources derived from horse racing activities;
IV – the financial results derived from the application of any revenues of a turf-related nature.
Sole paragraph. Revenues of interest to horse racing may not subsidize social and recreational activities of horse racing entities that promote equine races.
Article 57. The following are considered expenses of interest to horse racing:
I – those arising from horse racing activities carried out at racetracks, equestrian villages and training centers;
II – those resulting from the operation of bets, foreseen and carried out in accordance with this Regulation;
III – those related to veterinary and development services carried out by turf entities;
IV – those carried out with the construction, maintenance and renovation of properties intended for turf activities;
V – those related to medical and social assistance provided to turf professionals, employed in turf activities and their dependents;
VI – those related to medical and social assistance for employees of racetracks, betting agencies, development agencies and their dependents;
VII – travel and accommodation expenses for invited speakers at technical and scientific congresses related to equine breeding, duly documented;
VIII – travel and accommodation expenses for a director designated to represent the entity at national or international horse racing events and congresses, duly documented.
1. The turf entity shall present proof of the appropriation of expenses of turf interest, when required by the CCCCN, and the accounting of expenses of another nature shall be considered a serious offense.
2. In expenses and receipts related to turf activities and activities of other natures, the appropriation of revenues and costs will be made in accordance with the provisions of the Standardized Accounting Plan approved by the CCCCN and the provisions of these Regulations.
3. For the purpose of allocating fixed administrative expenses and determining the total cost of activities related to horse racing and its promotion, the horse racing entity may maintain the costing system, previously approved by the CCCCN, for the immediately following year.
4. Turf entities that do not adopt the costing system approved by the CCCCN may allocate, as fixed turf and development expenses, a maximum of ninety percent of the total administrative expenses.
5. The financial expenses and revenues of each turf entity will be allocated proportionally to the turf revenues and social revenues of each entity.
CHAPTER VII
From the Resources of CCCCN
Article 58. Sixty percent of the resources received by the CCCCN must be applied primarily to meet the following purposes:
I - expenses related to its administration;
II – projects aimed at improving the technical aspects and modernizing the processes for carrying out genealogical registration services;
III – specific projects for animal husbandry improvement, research in the field of animal nutrition, agrostology and veterinary medicine;
IV – diagnosis, eradication and control of diseases affecting equines;
V – programs administered by foundations and non-profit organizations that aim to improve equine breeding;
VI – projects aimed at improving the technical aspects and modernizing the processes for delivering statistical control services.
Article 59. Thirty percent of the resources received by the CCCCN (Law No. 7.291, Article 13, b) will be applied primarily to projects that aim to:
I – improving the living and working conditions of turf professionals;
II – improving the infrastructure of racetracks;
III – the increase in revenue for turf organizations and the modernization of betting systems.
Article 60. Five percent of the resources received by the CCCCN (Law No. 7.291, Article 13, c) will be primarily allocated to:
I – Medical, dental, and social assistance for turf professionals and their dependents, through professional associations and with the intervention of the turf entity;
II – to employees of racetracks, betting agencies, promotion centers and their dependents.
Sole paragraph. For the purposes of this law, turf professionals are understood to include trainers, jockeys, assistant managers, grooms, apprentices, and rein handlers who are registered with turf organizations that promote equestrian racing.
Article 61. The CCCCN is prohibited from granting funds for the payment of prizes defined in Chapter V, Title III, of these Regulations and for the payment of representation expenses.
CHAPTER VIII
Do Sweepstake
Article 62. Turf entities that operate betting operations, located in state capitals and in cities within states where there is no functioning racetrack, will be authorized to draw an annual sweepstake, provided they can prove that in the previous year they had a total betting volume equal to or greater than twenty thousand times the Highest Reference Value in force in the country.
1. Turf entities with a total betting volume per meeting exceeding three thousand five hundred times the Highest Reference Value are authorized to draw annual sweepstakes, with an interval of two months between them.
§ 2. Sweepstakes draws may not coincide with each other, and the rights of entities that already conduct this type of lottery must be respected when setting the dates for new draws.
Article 63. Except for concessions already in effect, the extraction of sweepstakes may only be carried out with the authorization of the Federal Revenue Secretariat, after the approval of the Lottery Plans.
Sole paragraph. The concessionaire entity will sign a Term of Responsibility for the faithful execution of the Plan and for the payment of the prizes drawn.
Article 64. Turf entities authorized to draw sweepstakes may deliver them to the Federal Lottery, by means of a contract to be signed with Caixa Econômica Federal.
§ 1 The sweepstakes carried out in contracts with Caixa Econômica Federal will observe, where applicable, the legislation for the Federal Lottery.
§ 2. Sweepstakes carried out in the manner provided for in this article are not subject to the deposit referred to in article 51.
Article 65. The concessionary entities are required to deposit, with the competent tax office, up to eight days before the extraction, an amount corresponding to half the value of the prizes to be distributed.
§ 1 After the obligations arising from the draw have been fulfilled, the deposit may be withdrawn by means of a statement written on the back of the deposit receipt, and in this document, which will constitute proof of the expense, the concessionaire will issue a receipt, in the legally prescribed manner.
2. The deposit referred to in this article is responsible for settling the premiums owed by the concessionaire.
Article 66. The reimbursement, by the federal treasury, in whole or in part, of the payment of premiums due to the concessionaire's deposit account, does not preclude legal action to redress damages arising from the breach of obligations assumed, nor does it prevent the immediate revocation of the authorization.
Article 67. The right to receive the prize expires ninety days from the day following the drawing, and the prize money will revert to the entity that organized the draw.
Article 68. The Federal Revenue Service will designate employees to assist and supervise the execution of each lottery draw and the extraction of the respective prizes.
Article 69. Sweepstakes tickets will be sold to the public, directly or through lottery retailers, and will be permitted to circulate throughout the country.
Article 70. Six percent will be deducted from the prize money, destined for the jockey, trainer, and groom of the horse that wins the sweepstakes, and for the Turf Professionals' Welfare Fund. The distribution of this percentage must be stipulated in the plan to be drawn up by the entity promoting the draw.
Article 71. The Regulations for Lottery Draw Plans for various types of games must include the percentage due to CCCCN (Law No. 7.291, Article 14, sole paragraph).
Sole paragraph. The percentage must be paid to CCCCN by the turf entities authorized to draw sweepstakes and other types of lotteries, within three days.
CHAPTER IX
Regarding the oversight of tourism entities
Article 72. Turf organizations are obligated to provide the officials responsible for inspection with all the necessary clarifications, as well as to show them, when requested for examination or expert analysis, the documents, books, receipts, balance sheets, financial statements, and any other elements deemed necessary for the exercise of the inspection activity.
Article 73. Turf organizations are required to submit a monthly report to the CCCCN with the following information:
I – number of races completed;
II – total bets and contests for each meeting;
III – the total prize money paid out, separately, to owners, breeders and turf professionals at each meeting;
IV – the percentage of the Total Betting Volume that is distributed as prizes;
V – the percentage of withdrawals made, in each type of bet, by the racing promotion company;
VI – the total contribution to be collected by CCCCN;
VII – Additional clarifications, when requested.
Article 74. Horse racing organizations are required to distribute the following information monthly to the press and post it in a location accessible to the public:
I – date of the meeting referred to;
II – Gross Movement of Bets and Contests;
III – total paid to winners of bets or contests;
IV – total prizes paid to owners, breeders and professionals in the horse racing industry;
V – other expenses directly related to the meeting.
Sole paragraph. The statement of net revenue must be recorded in a dedicated book, previously authenticated by the CCCCN.
TITLE IV
On Combating Doping
Article 75. The rules for doping control will be established by the CCCCN, respecting the international regulations governing the matter, within thirty days from the date of publication of these Regulations.
Article 76. Administrative verification by the CCCCN of doping will subject the offender to criminal and civil liability, regardless of the application of applicable administrative penalties.
TITLE V
From Slaughter
Article 77. The slaughter of equines for industrial use of their meat is only permitted in specialized establishments under federal inspection.
Article 78. The CCCCN will regulate the slaughter of equines in cases where the species or breed is in danger of extinction, setting the age limit and the percentage of males and females whose slaughter may be carried out.
Sole paragraph. The CCCCN may determine the suspension of the slaughter of endangered breeds.
TITLE VI
Import and Export
Article 79. It is the responsibility of the CCCCN to issue technical and regulatory instructions governing the import and export of equines of different breeds, always considering the national interest and respecting the provisions applicable to foreign trade.
§ 1 The import and export of equines depends on prior authorization from the CCCCN, provided that the requirements of a zoosanitary nature, zootechnical or technical opinion are met, in the cases specified in technical-normative instructions.
§ 2. Both the import and export of equines may be permanent or temporary and will be carried out through acquisition or lease.
Article 80. Imports shall be subject to the needs of improving the zootechnical condition of the national livestock.
Sole paragraph. In the interest of animal husbandry improvement, for each breed, the CCCCN will establish the technical standards that expressly determine the conditions of imports.
Article 81. The importation of equines on a permanent basis will only be permitted in the following cases:
I – of purebred male and female equines, fit for reproduction and of zootechnical quality, ascertained in accordance with the standards established by the CCCCN;
II – of male equines, intact or registered, and females, of defined breed, for use in equestrian competitions, including show jumping, dressage, eventing, and polo.
§ 1 The authorization for definitive importation will depend on a commitment from the consignee that they will directly use the imported equine animal for a minimum period of two years, for the purposes for which it is intended.
2. The obligation referred to in the preceding paragraph shall be considered fulfilled whenever, in the case of stallions, the imported equine is unionized by a significant group of breeders.
3. When the consignee is an association with genealogical registration responsibilities or a turf entity, and the equine is intended for auction, the respective association or entity will require an express commitment from the purchaser to comply with the requirement set forth in § 1.
Art. 82. Prior authorization from the CCCCN (art. 80, § 1) will clarify whether the animal will be imported for breeding purposes or for the practice of equestrian sports, including racing.
Sole paragraph. Customs duties for breeding purposes will only benefit importers of animals that directly enter the breeding program.
Article 83. In the case of importation of adult equines, especially for breeding, it will be essential to present a certificate signed by a veterinarian from the country of origin, declaring that the animal is fit for reproduction.
Article 84. The presentation of a zootechnical report and a genealogical registration certificate is waived, but the importation of equines intended for the following purposes is always subject to sanitary requirements:
I – to circus performances;
II – to zoological gardens;
III – scientific research.
Article 85. The importation of equines, on a temporary basis, to participate in international competitions, exhibitions and fairs, is not subject to the same requirements as permanent importation. The permanent stay of equines in the country will be permitted, subject to express authorization from the CCCCN, if there is a regular process for permanent importation.
1. The temporary importation of equines to participate in competitions promoted or sponsored by entities recognized by the Federal Government may only be authorized when they are part of a foreign representation, or in cases where the CCCCN (Brazilian Confederation of Equine Cynologique Nationale) has previously authorized it.
2. The imported equine must leave the country within sixty days from the end of the competition.
3. The temporary importation of equines for use in breeding services may be authorized at the discretion of the CCCCN, which will be responsible for making the requirements it deems necessary, and the period of stay should not exceed two years.
Article 86. The importer of an equine animal that enters the country permanently is obliged, within thirty days of its entry into national territory, to register it as their property, and with the name of origin, with the entity that issued the respective zootechnical report, attaching a copy of the exchange contract relating to the operation.
Sole paragraph. Until this formality is fulfilled, the equine animal may not participate in any test or competition, and the issuance of a zootechnical report for the importation of another animal by the same importer is prohibited.
Article 87. Import quotas for each breed will be set annually by the CCCCN, based on 2% of purebred equine births that occurred in the previous year, ensuring a minimum quota of twenty equines per year for each breed.
1. The breeders' associations of the various equine breeds shall submit to the CCCCN the number of births that occurred in the previous year, for the purposes of inspection and application of the percentages provided for in this article.
2. The quotas referred to in this article will be distributed to the respective entities, and their sale, auction, or any other form of financial transfer, or even donation, is prohibited.
3. The import quotas, set for each breed, may not be transferred from one entity to another, nor to the following year.
Article 88. The requirements of the time period established in § 1 of Article 20 of Law No. 7.291, of December 19, 1984, do not apply to males imported exclusively for breeding under lease agreements.
Article 89. The export of equines is permitted, except for slaughter, provided that the requirements of the importing country and the regulations in force in Brazil, specified for each case, are met.
Article 90. Exports of equines, whether permanent or temporary, for the purpose of participating in equestrian events, turf competitions, exhibitions, fairs, and auctions, will be permitted in accordance with the conditions established by the CCCCN.
TITLE VII
Penalties
Article 91. In applying the penalties provided for in the subparagraphs of Article 22 of Law No. 7.291, of December 19, 1984, the following conditions shall be observed:
I – the fine may be applied alone or cumulatively with other penalties;
II – The application of the penalties provided for in this article does not exempt the offender from civil or criminal liability;
III – when the infraction constitutes a crime or misdemeanor, the CCCCN will report the matter to the competent police authority for the purpose of initiating an investigation.
Sole paragraph. The following circumstances will always influence the application of penalties:
a) the offender's lack of prior convictions;
b) intensity of guilt or intent;
c) specific or generic recidivism.
Article 92. The penalty of warning shall be applied, at the discretion of the President of the CCCCN, always in writing, to the first-time offender, provided that the offense is not of a willful nature.
Article 93. The penalty of a fine will be applied:
I – when the offender has already been warned;
II – when the circumstances and the seriousness of the infraction so recommend;
III – when the offender fails to comply with determinations or rules issued by the CCCCN.
§ 1 The recidivism may be generic or specific, the latter receiving a more severe punishment.
§ 2 The fines referred to in this article, set from 10 MVR to 1000 MVR, shall be doubled in the event of specific recidivism.
§ 3 In case of generic recidivism, the fine will be applied according to the seriousness of the offense.
Article 94. The revocation of the operating license will be applied:
I – when the fine has already been applied, in isolation, three times at its maximum level;
II – when bad faith is proven;
III – when the infraction constitutes a crime or misdemeanor.
Sole paragraph. The revocation foreseen in this article will imply a prohibition on new authorization for a minimum period of one year, at the discretion of the CCCCN.
Article 95. Once the infraction has been ascertained, the offender will be granted a period of fifteen days, counted from the date of receipt of the notification issued by the CCCCN, to present their defense.
Article 96. Once the time granted for the defense has expired and the case file has been prepared, it will be submitted to the decision of the President of the CCCCN.
Article 97. If the decision is against the offender, punished with the penalties provided for in Article 22 of Law No. 7.291, of December 19, 1984, the offender shall be notified and may appeal to the Minister of Agriculture within fifteen days, without suspensive effect.
TITLE VIII
General and Transitory Provisions
Article 98. Turf organizations may promote races with hedges and obstacles, as well as special events or races contested by horses of other breeds, subject to prior authorization from the CCCCN.
Sole paragraph. The CCCCN will issue regulatory instructions for the implementation of the races foreseen in this article.
Article 99. Veterinary hospitals maintained by turf organizations, aimed at training and specializing technicians, shall mandatorily institute a residency program for Veterinary Doctors.
Article 100. Any omissions or disputes arising in the execution of these Regulations shall be resolved by the Plenary of the CCCCN.
Article 101. This Regulation shall enter into force on the date of its publication.
Article 102. Decree No. 91.029, of March 5, 1985, and other conflicting provisions are hereby repealed.
Brasilia, October 17, 1988; 167th year of Independence and 100th year of the Republic.
ULYSSES GUIMARÃES
Iris Rezende Machado

Bet - 728 x 90 1Bet - 728 x 90

Share: