How credible is "The Black Box"?
6/3/08 By Kenneth W. Terpenning for KyHarnessRacing.com

    In a previous article titled “The Black Box”, we covered its
    purpose, its use, what the legal level of TCO2 measured by
    the box is in a few jurisdictions and the penalties for those
    involved in Kentucky and their horses that test positive for
    pre-race testing.

    The following information has come to this reporter’s
    attention and I thought it is important enough to share
    with all of you.

    I have conducted many hours of research for this series of
    articles including my attempts to contact racing officials in
    Ohio, Kentucky, Pennsylvania, New York, New Jersey and
    Indiana. In addition, I have attempted to contact multiple
    trainers for comments on the issue.

    Also, I contacted Radiometer America, the company that
    makes the blood gas analyzers currently being used in Ohio
    and Kentucky. I have also read studies conducted by
    Australia and several colleges in the United States
    regarding the influence of baking soda on a horse’s
    performance.

    According to a letter I received from John A. Izzo, Deputy
    Director and Legal Counsel for the Ohio State Racing
    Commission dated May 22, 2008, Mr. Izzo states, “the
    machine is commonly referred to as a radiometer and it is
    my understanding that it is quite different from the “Black
    Box” that was being used several years ago.”

    So let’s call it a radiometer.

    The “radiometer” was first utilized in harness racing to
    catch those trainers using sodium bicarbonate to enhance
    a horse’s performance. As history has shown, certain
    trainers are deliberately giving their horses’ baking soda,
    called milkshaking, for this very reason. Many trainers also
    treat their horses with feed supplements containing baking
    soda.

    A controlled study completed in 2005 by the Department of
    Large Animal Clinical Sciences (DLACS) studied 5,028 starts
    made by 2,349 thoroughbreds racing in California trained
    by 287 different trainers at 2 different racetracks. The
    individuals involved in testing carefully monitored the
    horses studied to insure they did not receive any baking
    soda. The study showed that a majority of the horses that
    finished in the top three positions of each of those races
    observed maintained higher than normal pre-race TCO2
    levels than those not finishing as well. Factors found to
    significantly alter a horse’s TCO2 level pre-race ranged from
    sex, class, distance, lasix administration, and cloudy
    weather conditions. Hold on…something as simple as
    clouds can alter your horses TCO2? That’s a new one on
    me.

    According to Mr. Izzo’s letter, it is never mentioned in the
    DLACS’ study if the horses tested pre-race ever showed a
    TCO2 level of 37 millimoles per liter or higher. It is also
    referenced in his letter that “expert testimony at
    administrative hearings in Ohio indicates that there is less
    than a one in a million chance that a horse will have a
    natural TCO2 level of greater than 37 millimoles per liter of
    blood.”

    Recently, the thoroughbred industry has undergone a
    study to test the effects of baking soda on a horse’s
    performance. Their mission is to prove baking soda truly
    does not affect a horse’s performance as much as originally
    thought and that the industry should stop testing for it. The
    study information could not be found and it is not known if
    there have been any results thus far.

    When asked about the study, neither Marc Guilfoil, Deputy
    Executive Director of the Kentucky Horse Racing Authority,
    nor Mr. Izzo from Ohio was aware of its existence.

    Lisa Underwood of the Kentucky Horse Racing Authority
    failed to respond to any of my emails regarding this subject
    about "The Black Box", including the question about this
    study.

    The Australian Harness Racing Council, an organization that
    has well-researched this topic, only 38% of all horses that
    carried a TCO2 level of over 36 millimoles per liter were
    found to have had improved performance and many
    horsemen back in the infancy of the use of baking soda
    were well over-dosing their horses with baking soda trying
    to get better performance out of their horse.

    A study by the AHRC proved that most trainers did not
    know exactly what level of baking soda was correct
    because of the horses either being over-trained or under-
    trained and that can affect how much TCO2 they carry in
    their blood. The AHRC also says a margin of error ranging
    from plus or minus 1.2 to 1.4 millimoles per liter on any
    given test exists meaning if your horse tests at 38.2
    millimoles per liter and the level set by the racing
    commission is 37 then you are handed a warning or
    suspension and fine (depending on what number violation
    this is for you as a trainer) when in fact your horse is within
    the margin of error and should be exempt from penalty.

    Questions have been brought up over the years about who
    does the test, at what temperature the test is done, and
    whether or not the sample or the equipment had been
    tainted by other samples or products handled by the test
    giver. Then there is also the matter of calibration of the
    equipment. Like a police officer’s radar gun, the radiometer
    must be calibrated on a regular basis to guarantee its
    accuracy.

    Mr. Izzo, from Ohio, states, “Radiometers are at a secure
    location at each track. To ensure that there was no
    tampering with the machine since last used, as well as the
    accuracy of the calculations, our operators run tests on the
    radiometers prior to each day’s use to ensure that the
    machine is running properly.” In Kentucky, Marc Guilfoil
    responded that the radiometer’s are locked up in the test
    barns at the tracks running and kept in the KHRA office
    during non-race months. What does the company say the
    margin of error is for their machines?

    Radiometer America was asked about the margin of error
    with their blood gas analyzers. In an emailed response
    from a representative there, the company does not
    calculate a margin of error on their machines because it is
    incalculable due to pre-analytical errors that could occur like
    mishandling of the samples taken from the horses. Errors
    that could occur prior to the samples being tested are
    sample mix-ups, dilution of the samples with other fluids or
    water, the positioning of the needle when taking the
    sample and whether or not a vein is accidentally punctured
    as opposed to an artery, air bubbles, clotting, and even
    variation in time passing between when the sample is
    taken and when it is tested.

    Mr. Izzo states, “I agree that there are reasons other than
    baking soda use that may result in a horse having a high
    TCO2 level. The Commssion’s goal is to prevent horses from
    running in races with an artificially high TCO2 level.
    Regardless of why the TCO2 level is high, a horse with an
    artificially high TCO2 level has an unfair advantage over the
    other horses in a race.”

    Izzo continues, “One of the experts the Commission uses
    tells me that the measurement uncertainty (not the margin
    of error) has recently been reassessed by the Australian
    laboratories. Their new estimate of the measurement of
    uncertainty is .6 millimoles per liter of blood. When the
    Commission was testing TCO2 levels at the Analytical
    Toxicology Laboratory on the Beckman ELISE, all results
    were reported to the Commission with a ninety-five percent
    confidence level. This means that scientific data showed
    that a TCO2 level was at the level we reported, and that
    there was a two and one half percent chance that the level
    was even higher. We have continued with this confidence
    level on the radiometers.”

    Apparently there are many things that can go wrong with
    the testing and the final results of TCO2 levels of pre-race
    tests.

    Unfortunately, there are too many factors and not enough
    evidence one way or another to determine if the
    radiometers are truly helpful to the sport.

    Also, let’s look at the different rules regarding the TCO2
    legal levels from various jurisdictions. New Jersey and
    Illinois allow a horse’s TCO2 to test at 37 millimoles per liter
    when not on lasix and 39 millimoles per liter if on lasix.
    Kentucky and Ohio take a stand on 37 millimoles per liter
    regardless if on lasix or not. Pennsylvania, Indiana, and
    New York failed to respond to my emails and phone calls
    with regard to their rules. Does lasix cause a higher TCO2
    level? The DLACS study says yes, New Jersey and Illinois
    allow a leeway in the results for it, but  Kentucky and Ohio
    do not.

    Many questions remain about baking soda, its effects,
    radiometers and their accuracy and the accuracy of the
    testing procedures and handling of the samples. It appears
    there is room for errors, but that is like most things in life,
    never a 100% guarantee. Why do we not have rule
    uniformity from jurisdiction to jurisdiction, from state to
    state with regard to testing, test results, penalties, and so
    on?

    With even the slightest of doubts cast on the testing and
    its results and the possibility of errors, is the radiometer a
    machine that would hold up in a court of law if challenged?

    We let murderers off for reasonable doubt, what about
    horsemen and women? Are they committing murder when a
    horse tests high in TCO2? (We already know there are
    other reasons a horse can test high for TCO2 aside from
    baking soda.)

    If the industry is going to test, why not find a machine that
    not only tests for TCO2 levels but finds and determines the
    cause for the high TCO2 before we penalize the trainer or
    the horse. Ohio says it doesn’t matter why a horse tests
    high…is that fair to everyone? Perhaps you feel the testing
    is fair and nothing should change. That’s okay…but why?