This Wednesday, the public hearing agenda for the Rhode Island (RI) Senate Committee on Environment and Agriculture includes S. 325, “Animal Care”, which seeks to significantly limit the scope of the state’s definition of “hobby breeder”. It is imperative that all fanciers and enthusiasts in Rhode Island contact the members of the committee and urge opposition to S. 325.
Under current Rhode Island law, “hobby breeder” means those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only. The numerical limits for hobby breeders are not set in the definition but in another section of law, which provides that, “persons selling fewer than twenty (20) dogs or three (3) litters, whichever is greater, in a single calendar year” are not considered commercial sellers.
S. 325 would reduce this limit by defining a “hobby breeder” as only those breeders who sell, or offer to sell no more than two (2) litters of dogs or cats, or a combination thereof, in a three hundred and sixty-five (365) day period. All others would be considered commercial sellers.
AKC Government Relations (AKC GR) believes that lawmakers may not realize that this change would be significant and result in unacceptable restrictions. Consider the example of a hobby breeder with a breed that regularly produces small litters or “singletons”. Under current law, that breeder could produce more than two (2) litters a year and stay well under the 20 dogs per calendar year sales threshold, therefore remaining a “hobby breeder”. However, should S. 325 become law, the same breeder producing the same number of litters in a rolling, 365-day cycle would be considered a commercial seller even if only selling one puppy from three (3) singleton litters. By contrast, a hobbyist with a breed known for large litters could produce two (2) litters of many more than 20 puppies and still be considered a hobbyist.
In addition, changing the timeframe from one calendar year to a rolling 365-day cycle could hamstring hobby breeders. For instance, the rolling 365-day cycle would start if one of a hobby breeder’s dogs produced one litter in May , then another dog produced a litter before December. Would they have to skip breeding a female when she comes into season the following spring if the litter would whelp before May because doing so would put the breeder over the two (2) litter threshold every 365 days and thereby classify them as a commercial seller?
AKC believes S. 325 would create inequitable treatment of hobby breeders based on litter size, and would be difficult to enforce due to that inequitable treatment.
WHAT YOU CAN DO:
First, immediately email the Senate Committee on Environment and Agriculture at Slegislation@rilegislature.gov with your name and town expressing your strong opposition to S. 325.
Second, concerned Rhode Island residents can speak at the hearing, which is expected to start at 4PM in the Senate Lounge on Wednesday, March 19. Sign-up sheets will be available in/outside the hearing room.
AKC GR will continue to provide updates on pending dog-related legislation in Rhode Island. For more information on legislative issues in the state, contact AKC GR at 919-816-3720 or doglaw@akc.org.