Oregon SB1076 – Relating to animals

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SB1076 requires breeders and rescues of small animals to be licensed in the state of Oregon and is threatening jail time for unlicensed violators!

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🚨LETTERS MUST BE SENT BY the TUESDAY (4/8/25) Committee Hearing in Salem, Oregon!

Oregon Senate Bill 1076 – Summary:

Tells an agency to impose certain fees for licenses for animal rescue entities and to create a program for granting licenses to persons that breed certain animals. Directs the State Department of Agriculture to impose certain fees for licenses and license renewals for animal rescue entities. Directs the department to adopt rules to establish a licensing program for breeders of certain animals. Punishes a violation of the rules by a maximum of six months’ imprisonment, $2,500 fine, or both. Authorizes the department to investigate and inspect the breeders. Appropriates moneys to the department out of the General Fund for purposes related to the new licensing program. Declares an emergency, effective on passage.

❌ Breeders selling more than Two (2) Litters in 12-months MUST be licensed!
❌ License Fees may increase annually!
❌ Breeders will be subject to arbitrary Inspections & Audits!
❌ Violators Face up to 6 months in prison, $2,500 or both!

SB1076 Overview | Amendments

✉️ Create Your Letter in Opposition of SB1706 by entering your information below.👇

🚨IMPORTANT: You will be emailed a finalized version of your letter with instructions on whom & where to send your letter! This form does not email legislatures directly. You must do so yourself.

    Your Contact Info:

    ✏️We put in some suggested text, but please make the message your own where possible.

    Subject:
    Please Vote NO on SB1076 - Overreaching and Legally Problematic

    Body:
    I am writing to respectfully urge you to vote NO on SB1076.

    Oregon already has some of the strictest and most comprehensive animal welfare laws in the nation. SB1076 is redundant at best and, more concerningly, constitutionally problematic and dangerously overreaching.

    This bill directly conflicts with federal regulations under the Animal Welfare Act (AWA), enforced by APHIS, which already defines clear exemptions for small-scale breeders, hobby exhibitors, and direct-to-public sales. SB1076’s vague and sweeping language could criminalize legal and federally compliant activities — exposing the State of Oregon to constitutional challenges and costly federal lawsuits under:

    1. FEDERAL PREEMPTION – VIOLATES THE SUPREMACY CLAUSE
    The Animal Welfare Act (AWA), enforced by APHIS, already establishes clear federal standards and exemptions for:

    • Small-scale breeders (under 4 breeding females)

    • Hobby exhibitors (8 or fewer animals shown)

    • Direct-to-public sales (no licensing required)

    SB1076 creates conflicting obligations for Oregon residents who are already federally compliant.

    2. DORMANT COMMERCE CLAUSE – ILLEGAL TRADE RESTRICTIONS
    SB1076 appears to disproportionately target breeders and co-owners engaged in interstate transactions, potentially violating the Dormant Commerce Clause, which prevents states from enacting laws that Discriminate against out-of-state businesses and Unfairly burden interstate commerce.

    Examples of Potential Violations:

    • Penalizing Oregon breeders who co-own animals with individuals in other states, if the litter is whelped elsewhere.

    • Restricting the sale or transport of animals to out-of-state buyers—potentially disrupting established breeder-to-breeder agreements.

    • Creating legal uncertainty for national breed preservation programs that coordinate genetic diversity efforts across state lines.

    Courts have repeatedly struck down state laws that attempt to regulate interstate trade beyond their borders. SB 1076’s vague and restrictive language could trigger immediate legal challenges and injunctions in federal court.

    3. EQUAL PROTECTION & DUE PROCESS – 14TH AMENDMENT RISKS
    SB1076 targets dog and cat breeders with strict two-litter limits, yet:

    • Leaves litter limits for birds and small mammals undefined—allowing a state agency to set arbitrary thresholds.

    • Creates different standards for different species, with no clear justification.

    Selective enforcement opens Oregon to Equal Protection Clause challenges:

    • Why do dog and cat breeders face strict numerical limits, while bird and small mammal breeders do not?

    • What legal justification exists for these discrepancies?

    • How will enforcement be applied fairly when rules for certain breeders are left undefined?

    📝(*Optional Text) Keep, Delete -OR- Revise the text below.)

    For these reasons, I respectfully urge you to oppose SB1076.

    Sincerely,
    [Your Name]

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