The guy who wrote MLB Rule 8.02 wrote:
The pitcher shall not --
(a) (1) Bring his pitching hand in contact with his mouth or lips while in the 18 foot circle surrounding the pitching rubber. EXCEPTION: Provided it is agreed to by both managers, the umpire prior to the start of a game played in cold weather, may permit the pitcher to blow on his hand. PENALTY: For violation of this part of this rule the umpires shall immediately call a ball. However, if the pitch is made and a batter reaches first base on a hit, an error, a hit batsman or otherwise, and no other runner is put out before advancing at least one base, the play shall proceed without reference to the violation. Repeated offenders shall be subject to a fine by the league president.
(2) expectorate on the ball, either hand or his glove;
(3) rub the ball on his glove, person or clothing;
(4) apply a foreign substance of any kind to the ball;
(5) deface the ball in any manner; or
(6) deliver a ball defaced in a manner prescribed by Rule 8.02(a)(2) through (5) or what is called the â€œshineâ€ ball, â€œspitâ€ ball, â€œmudâ€ ball or â€œemeryâ€ ball. The pitcher is allowed to rub the ball between his bare hands.
PENALTY: For violation of any part of Rules 8.02(a)(2) through (6):
(a) The pitcher shall be ejected immediately from the game and shall be suspended automatically for 10 games.
(b) If a play follows the violation called by the umpire, the manager of the offense may advise the plate umpire that he elects to accept the play. Such election shall be made immediately at the end of the play. However, if the batter reaches first base on a hit, an error, a base on balls, a hit batsman, or otherwise, and no other runner is put out before advancing at least one base, the play shall proceed without reference to the violation.
(c) Even though the offense elects to take the play, the violation shall be recognized and the penalties in subsection (a) will still be in effect.
(d) The umpire shall be sole judge on whether any portion of this rule has been violated.
Rules 8.02(a)(2) through 8.02(a)(6) Comment: If a pitcher violates either Rule 8.02(a)(2) or Rule 8.02(a)(3) and, in the judgment of the umpire, the pitcher did not intend, by his act, to alter the characteristics of a pitched ball, then the umpire may, in his discretion, warn the pitcher in lieu of applying the penalty set forth for violations of Rules 8.02(a)(2) through 8.02(a)(6). If the pitcher persists in violating either of those Rules, however, the umpire should then apply the penalty.
Rule 8.02(a) Comment: If at any time the ball hits the rosin bag it is in play. In the case of rain or wet field, the umpire may instruct the pitcher to carry the rosin bag in his hip pocket. A pitcher may use the rosin bag for the purpose of applying rosin to his bare hand or hands. Neither the pitcher nor any other player shall dust the ball with the rosin bag; neither shall the pitcher nor any other player be permitted to apply rosin from the bag to his glove or dust any part of his uniform with the rosin bag.
(b) Have on his person, or in his possession, any foreign substance. For such infraction of this section (b) the penalty shall be immediate ejection from the game. In addition, the pitcher shall be suspended automatically for 10 games.
(c) Intentionally delay the game by throwing the ball to players other then the catcher, when the batter is in position, except in an attempt to retire a runner.
PENALTY: If, after warning by the umpire, such delaying action is repeated, the pitcher shall be removed from the game.
(d) Intentionally Pitch at the Batter.
If, in the umpireâ€™s judgment, such a violation occurs, the umpire may elect either to:
1. Expel the pitcher, or the manager and the pitcher, from the game, or
2. may warn the pitcher and the manager of both teams that another such pitch will result in the immediate expulsion of that pitcher (or a replacement) and the manager.
If, in the umpireâ€™s judgment, circumstances warrant, both teams may be officially â€œwarnedâ€ prior to the game or at any time during the game.
(League Presidents may take additional action under authority provided in Rule 9.05.)
Rule 8.02(d) Comment: To pitch at a batterâ€™s head is unsportsmanlike and highly dangerous. It should beâ€”and isâ€”condemned by everybody. Umpires should act without hesitation in enforcement of this rule.
Technically, the freign substance was applied to his hand. If he didn't apply it to the ball, he's in the clear....
EDIT: THen I read the 2nd bolded part.
Fry the b@stard. If nothing else, he should be suspended for the rest of the series and part of next year.