{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-14-38","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-14-38","heading":"Definitions - Unlawful acts","body":"A. For the purposes of this section:\n\n1. \"Advertised price\" means the price of a consumer item which\n\nprice a store has caused to be disseminated by means of promotional\n\nmethods such as an in-store sign, newspaper, circular, television,\n\nradio advertising, or other means;\n\n2. \"Board\" means the State Board of Agriculture;\n\n3. \"Computer-assisted checkout system\" means any electronic\n\ndevice, computer system, or machine which determines the selling\n\nprice of a consumer item by interpreting the UPC of the consumer\n\nitem, or any other use of a similar price look-up function;\n\n4. \"Commissioner\" means the Commissioner of the Department of\n\nAgriculture, Food, and Forestry;\n\n5. \"Consumer item\" means each item being offered or exposed for\n\nsale;\n\n6. \"Department\" means the Oklahoma Department of Agriculture,\n\nFood, and Forestry;\n\n7. \"Inspector\" means an authorized representative of the\n\nOklahoma Department of Agriculture, Food, and Forestry;\n\n8. \"Item price\" means the tag, stamp, or mark affixed by an\n\nauthorized person to a consumer item which sets forth, in Arabic\n\nnumerals, the retail price thereof;\n\n9. \"Manually entered prices\" means any method of determining\n\nthe selling price of a consumer item by means other than a computer-\n\nassisted checkout system;\n\n10. \"Price look-up function\" means the capacity of any checkout\n\nsystem to determine the retail price of a consumer item by way of\n\nthe manual entry into the system of a code number assigned to that\n\nparticular consumer item by an inspector or the store or the\n\ncheckout operator's consultation of a file maintained at the point\n\nof sale or within the store;\n\n11. \"Sale price\" means the price of consumer items offered for\n\nsale in good faith at a price below the price for which the consumer\n\nitems are usually sold in the store;\n\n12. \"Shelf price\" means the sign or tag placed by an authorized\n\nperson at each point of display which clearly sets forth the retail\n\nprice of the consumer item;\n\n13. \"Store\" means any establishment which offers consumer items\n\nfor sale at retail. Each separate building within which consumer\n\nitems are offered for sale at retail shall constitute a separate\n\nstore location for purposes of this section;\n\n14. \"Store-coded item\" means the application of a UPC to any\n\nconsumer item by that particular store; and\n\n15. \"Universal product code\" (UPC) means the digital figure\n\ndepicted through the use of bars and spaces, typically attached by\n\nthe manufacturer or distributor, which may be scanned into the\n\npricing system of a store.\n\nB. 1. It shall be unlawful for any person to:\n\na. sell, offer, or expose for sale a quantity less than\n\nthe quantity represented,\n\nb. take more than the represented quantity when, as a\n\nbuyer, the person furnishes the weight or measure by\n\nmeans of which the quantity is determined,\n\nc. represent the quantity in any manner calculated or\n\ntending to mislead or in any way deceive another\n\nperson, or\n\nd. misrepresent the price of any commodity or service\n\nsold, offered, exposed, or advertised for sale by\n\nweight, measure, or count or represent the price in\n\nany manner calculated or tending to mislead or in any\n\nway deceive a person.\n\n2. It shall be unlawful for a store to charge a retail price\n\nfor any consumer item which exceeds the lowest then price in that\n\nstore, whether a shelf, sale, advertised, or otherwise publicly\n\ncommunicated price, of the consumer item.\n\nC. Every person, store, firm, partnership, corporation, or\n\nassociation which sells, offers for sale, or exposes consumer items\n\nfor sale at retail within this state shall disclose to the consumer\n\nthe item price of the consumer items by:\n\n1. Causing to be conspicuously, clearly, and plainly marked,\n\nstamped, typed, or affixed to the items, the retail price in Arabic\n\nnumerals; or\n\n2. Disclosing to the consumer the item price of the consumer\nrporation, or\n\nassociation which sells, offers for sale, or exposes consumer items\n\nfor sale at retail within this state shall disclose to the consumer\n\nthe item price of the consumer items by:\n\n1. Causing to be conspicuously, clearly, and plainly marked,\n\nstamped, typed, or affixed to the items, the retail price in Arabic\n\nnumerals; or\n\n2. Disclosing to the consumer the item price of the consumer\n\nitems by causing a shelf price to be posted at the point of display\n\nin Arabic numerals or maintaining a price look-up function for the\n\nconsumer items, except for consumer items held in outside storage\n\nand warehouses.\n\nD. 1. If the shelf labels do not conform with the provisions\n\nof this section, the store shall be subject to the following\n\npenalties:\n\na. for violations discovered upon the first inspection\n\nfollowing any twelve-month period in which no\n\nviolation of this section has been found, the store\n\nwill receive a Letter of Warning and be placed on an\n\nincreased inspection frequency. Stores will remain on\n\nan increased inspection frequency until they have\n\nachieved a twelve-month period in which no violation\n\nof this section has been found,\n\nb. for violations identified in the second inspection\n\nfollowing any twelve-month period within which no such\n\nviolations have been found, a penalty in the amount of\n\nTen Dollars ($10.00) per violation shall be imposed,\n\nbut in no event shall the total penalty for all\n\nviolations identified at the second inspection exceed\n\nFive Hundred Dollars ($500.00), and\n\nc. for violations identified in a third or subsequent\n\ninspection in a twelve-month period following a\n\nprevious violation of this section, the penalties\n\nshall be doubled, up to a maximum of One Thousand\n\nDollars ($1,000.00) per inspection.\n\n2. Every day a violation is continued shall constitute a\n\nseparate violation.\n\nE. For the purpose of determining the compliance of a store\n\nwith this section, an inspection shall be conducted of a sample of\n\nno fewer than fifty and no more than three hundred consumer items,\n\nwith inspectors typically sampling fifty consumer items for each\n\ncash register that may be operational in a given store using a\n\ncomputer-assisted checkout system. Inspections for manually entered\n\nprices may consist of sample sizes of no fewer than ten and no more\n\nthan fifty items. The sample shall be selected by the inspector\n\nfrom a cross section of all items offered for sale at the store\n\ninspected.\n\nF. 1. For any price accuracy inspection under this section,\n\nthe store representative shall afford the inspector access to the\n\ntest mode of the computer-assisted checkout system in use at the\n\nstore or to a comparable function of the system and to the retail\n\nprice information contained in any price look-up system.\n\n2. In a store with a laser scanning or other computer-assisted\n\ncheckout system, the inspector shall be permitted, whether through\n\nan agency issued scanner or otherwise, to compare the item, shelf,\n\nsale, or advertised price of any consumer items offered in the\n\nstore, not to exceed three hundred consumer items selected from a\n\ncross section of all items offered for sale at the location at any\n\none inspection, with the programmed computer price. Inspectors\n\nshould sample fifty consumer items for each cash register that may\n\nbe operational in a given store not to exceed three hundred consumer\n\nitems selected from a cross section of all items offered for sale at\n\nthe location of that store at any one inspection. The store shall\n\nprovide access to its computers as necessary for the inspector to\n\nmake the inspection.\n\nG. Undercharges shall not be considered an inaccurately priced\n\nitem when calculating price accuracy under this section.\n\nH. Stores on a routine inspection frequency may be inspected\n\nonce per six (6) months, depending upon available resources of the\n\nDepartment. Stores on an increased inspection frequency may be\nvide access to its computers as necessary for the inspector to\n\nmake the inspection.\n\nG. Undercharges shall not be considered an inaccurately priced\n\nitem when calculating price accuracy under this section.\n\nH. Stores on a routine inspection frequency may be inspected\n\nonce per six (6) months, depending upon available resources of the\n\nDepartment. Stores on an increased inspection frequency may be\n\ninspected in sixty-day intervals.\n\nI. Any prior adoption in statute or rule of the Examination\n\nProcedure for Price Verification Handbook 130 issued by the National\n\nInstitute of Standards and Technology is revoked. However, the\n\ninspection and testing procedures used by inspectors shall generally\n\nconform to the standards of the then current Handbook 130 issued by\n\nthe National Institute of Standards and Technology, specifically\n\nincluding verification procedures for manually entered prices.\n\nJ. Any store found in violation of this section shall be\n\nsubject to the penalties specified in this subsection. Each day on\n\nwhich a violation is continued shall constitute a separate\n\nviolation. The failure to accurately price ninety-five percent\n\n(95%) of all consumer items sampled as part of a given inspection\n\nshall be deemed a failed inspection. If the programmed computer\n\nprice or manual checkout price, in cases where there is no\n\nprogrammed computer price, exceeds the shelf, sale, advertised, or\n\notherwise publicly communicated price of any consumer item, the\n\nstore shall be subject to the following penalties:\n\n1. For violations discovered upon the first inspection\n\nfollowing any twelve-month period in which no violation of this\n\nsection has been found, the store will receive a Letter of Warning\n\nand be placed on an increased inspection frequency. Stores shall\n\nremain on an increased inspection frequency until they have achieved\n\na twelve-month period in which no violation of this section has been\n\nfound;\n\n2. For violations discovered upon the second inspection\n\nfollowing any twelve-month period in which no violation of this\n\nsection has been found, the store shall pay a penalty of Seventy-\n\nfive Dollars ($75.00) for each consumer item which results in an\n\novercharge or potential overcharge;\n\n3. Third violations discovered within any twelve-month period\n\nwill be assessed a one-hundred-fifty-dollar penalty per consumer\n\nitem which results in an overcharge or potential overcharge;\n\n4. Fourth violations discovered within any twelve-month period\n\nwill be assessed a two-hundred-fifty-dollar penalty per consumer\n\nitem which results in an overcharge or potential overcharge;\n\n5. Fifth violations discovered within any twelve-month period\n\nwill be assessed a three-hundred-fifty-dollar penalty per consumer\n\nitem which results in an overcharge or potential overcharge; and\n\n6. Sixth or subsequent violations within any twelve-month\n\nperiod will be assessed a five-hundred-dollar penalty per consumer\n\nitem which results in an overcharge or potential overcharge, with a\n\nmaximum penalty per overcharge of Five Hundred Dollars ($500.00) per\n\nconsumer item, regardless of additional violations per inspection\n\nper store location.\n\nK. The provisions of the Oklahoma Small Business Regulatory\n\nFlexibility Act pertaining to waiver or reduction of any\n\nadministrative penalty or administrative fine shall not be\n\napplicable to this section and may not be relied upon for a\n\nreduction or deferral or as imposing any procedural prerequisite or\n\nas a defense, respecting actions investigated and/or brought under\n\nthis section.\n\nL. Persons primarily engaged in selling lumber and other\n\nbuilding materials classified under Industry Group No. 4441 of the\n\nNorth American Industrial Classification System (NAICS), except for\n\nnational home centers classified under NAICS code 444110, shall be\n\nexempt from this section.\n\nM. The State Board of Agriculture shall have the authority to\nnvestigated and/or brought under\n\nthis section.\n\nL. Persons primarily engaged in selling lumber and other\n\nbuilding materials classified under Industry Group No. 4441 of the\n\nNorth American Industrial Classification System (NAICS), except for\n\nnational home centers classified under NAICS code 444110, shall be\n\nexempt from this section.\n\nM. The State Board of Agriculture shall have the authority to\n\npromulgate rules as necessary to carry out the purposes of this\n\nsection.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7a7da8b18826e90df9dfb116950297f21995b8a1f40bbb5ffc8a484ed571ebcb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-14-37","next":"us-ok/okla.-stat.-tit.-2-2-14-38a"},"notice":"GroundRules: Original legal text. Not legal advice."}