{"data":{"id":"us-ok/okla.-stat.-tit.-76-76-112","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 76, § 76-112","heading":"Short title - COVID-19 Product Protection Act –","body":"Limitations on liability.\n\nA. This section shall be known and may be cited as the \"COVID-\n\n19 Product Protection Act\".\n\nB. As used in this act:\n\n1. \"COVID-19\" means the novel coronavirus identified as SARS-\n\nCoV-2, the disease caused by SARS-CoV-2, and conditions associated\n\nwith the disease;\n\n2. \"COVID-19 public health emergency\" means any emergency\n\ndeclared by the Governor of Oklahoma related to COVID-19, including\n\nbut not limited to the emergency declared by the Governor by\n\nExecutive Order 2020-07, and any amendments thereto, under the\n\nOklahoma Emergency Management Act of 2003, Section 683.1 et seq. of\n\nTitle 63 of the Oklahoma Statutes, beginning on March 15, 2020, and\n\nthe health emergency declared by the Governor by Executive Order\n\n2020-13, and any amendments thereto, under the Catastrophic Health\n\nEmergency Powers Act, Section 6101 et seq. of Title 63 of the\n\nOklahoma Statutes, beginning on April 8, 2020;\n\n3. \"Disinfecting and cleaning supplies\" includes, but is not\n\nlimited to, hand sanitizers, disinfectants, sprays, and wipes;\n\n4. \"Essential business\" means a person or entity:\n\na. within a critical infrastructure sector as defined by\n\nthe United States Department of Homeland Security,\n\nb. defined as essential by the Oklahoma Department of\n\nCommerce through use of the North American Industry\n\nClassification System during the COVID-19 pandemic, or\n\nc. within an industry designated as critical or essential\n\nby Executive Order or Executive Memorandum;\n\n5. \"First responder\" means state and local law enforcement\n\npersonnel, fire department personnel and emergency medical\n\npersonnel. First responder includes a person authorized by\n\nexecutive order who will be deployed in response to the COVID-19\n\npandemic;\n\n6. \"Health care facility\" and \"health care provider\" shall have\n\nthe same meaning as such terms are defined as provided in Section\n\n6104 of Title 63 of the Oklahoma Statutes;\n\n7. \"Person\" means an individual, firm, partnership, corporation\n\nor association;\n\n8. \"Personal protective equipment\" means coveralls, face\n\nshields, gloves, gowns, masks, respirators, and other equipment\n\ndesigned to protect the wearer from the spread of infection or\n\nillness; and\n\n9. \"Qualified product\" means personal protective equipment used\n\nto protect the wearer from COVID-19 or the spread of COVID-19;\n\nmedical devices, equipment, or supplies used to treat COVID-19\n\nincluding products that are used or modified for an unapproved use\n\nto treat COVID-19 or prevent the spread of COVID-19; medical\n\ndevices, equipment, or supplies utilized outside of such product's\n\nnormal use to treat COVID-19 or to prevent the spread of COVID-19;\n\nmedications used to treat COVID-19 patients including medications\n\nprescribed or dispensed for off-label use to attempt to combat\n\nCOVID-19; tests to diagnose or determine immunity to COVID-19; and\n\ncomponents of qualified products.\n\nC. Except as provided by subsection E of this section, any\n\nperson that designs, manufactures, labels, sells, distributes, or\n\ndonates disinfecting and cleaning supplies or personal protective\n\nequipment during and in response to the COVID-19 public health\n\nemergency that does not make such products in the ordinary course of\n\nbusiness shall not be liable in a civil action alleging personal\n\ninjury, death or property damage caused by or resulting from the\n\nproduct's manufacturing or design, or a failure to provide proper\n\ninstructions or sufficient warnings.\n\nD. Except as provided by subsection E of this section, a\n\ngovernment entity, health care facility, health care provider, first\n\nresponder, or any business, or the employer or agent of such\n\nbusiness, that utilizes a product meeting the qualifications of\n\neither subsection C or D of this section, shall not be liable in a\n\ncivil action alleging personal injury, death or property damage\nnt warnings.\n\nD. Except as provided by subsection E of this section, a\n\ngovernment entity, health care facility, health care provider, first\n\nresponder, or any business, or the employer or agent of such\n\nbusiness, that utilizes a product meeting the qualifications of\n\neither subsection C or D of this section, shall not be liable in a\n\ncivil action alleging personal injury, death or property damage\n\ncaused by or resulting from the selection, distribution, or use of\n\nsuch product.\n\nE. The immunity provided in subsections C and D of this section\n\nshall not apply to any person, or any employee or agent thereof,\n\nthat:\n\n1. a. Had actual knowledge that the product was defective\n\nwhen put to the use for which the product was\n\nmanufactured, sold, distributed, or donated, and\n\nb. Acted with deliberate indifference to or conscious\n\ndisregard of a substantial and unnecessary risk that\n\nthe product would cause serious injury to others; or\n\n2. Acted with a deliberate intention to cause harm.\n\nF. Nothing contained in this section shall be construed to:\n\n1. Relieve a plaintiff of the need to satisfy any required\n\nelement of a claim; or\n\n2. Amend, repeal, alter or affect any other immunity or\n\nlimitation of liability provided for under the laws of this state.\n\nG. The provisions of this section shall apply to any claim\n\narising on or after the emergency declared by the Governor of\n\nOklahoma related to COVID-19 by Executive Order 2020-07 on March 15,\n\n2020.","path":["OK Code","Title 76"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os76.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c99e420e2a894f6c6153fc649e69e89b87bcdc82d9671ea9d57340952708c358","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-76-76-111","next":"us-ok/okla.-stat.-tit.-76-76-12"},"notice":"GroundRules: Original legal text. Not legal advice."}