I've always understood that the stated withholding periods were recommened as opposed to being a violation if you were to go inside them? Maybe it's different in NY?
They've wanted his scalp for a while now and so far it looks like they've found a somewhat ingenious way of giving themselves a shot at getting it.
In saying that, I'm not entirely comfortable with it. Retrospective prosecution based not on any evidential swabs but instead on a whole series of Vet records? Geeze, there's something that's more than a little slippery slope about this for mine. That's like getting a DUI charge this morning despite being stone cold sober simply because 3 days ago you had a couple of bottles of Red with dinner.