Oklahoma § 15-598.6 - Exempted sales

§ 15-598.6. Exempted sales

The provisions of the Unfair Sales Act shall not apply to the

following sales at retail or sales at wholesale:

1. Where seasonable merchandise is sold in bona fide clearance

sales, if advertised, marked, and sold as such;

2. Where perishable merchandise must be sold promptly in order

to forestall loss;

3. Where merchandise is imperfect or damaged or is being

discontinued and is advertised, marked and sold as such;

Oklahoma Statutes - Title 15. Contracts

4. Where merchandise is sold upon the final liquidation of any

business;

5. Where merchandise is sold for charitable purposes or to

relief agencies;

6. Where merchandise is sold on contract to departments of the

government or governmental institutions;

7. Where merchandise is sold by any officer acting under the

order or direction of any court;

8. Where merchandise is sold at any bona fide auction sale; and

9. Where a particular item of merchandise corresponding to a

unique identifier is sold at below cost for fifteen (15) or fewer

sequential days and where such single-day or multi-day sale does not

occur more than ten (10) separate times in any twelve-month period.

This exemption shall not apply to:

a.

gasoline and diesel fuel,

b.

legend drug products,

c.

food and nonalcoholic beverages sold for off-premise

use or consumption,

d.

household soaps and detergents,

e.

health and beauty aids,

f.

over-the-counter medicines, vitamins, and health

products, excluding exercise equipment and durable

medical products,

g.

pet food and pet supplies,

h.

paper and plastic goods,

i.

household cleaning agents and cleaning supplies,

j.

baby supplies directly related to nutrition and food

preservation, consumption and disposal, including

disposable diapers,

k.

low-point beer, as defined in paragraph 1 of Section

163.2 of Title 37 of the Oklahoma Statutes, sold for

off-premise use or consumption, and

l.

structural building materials, including but not

limited to lumber and lumber composites, engineered

wood products, structural wood panels, roofing,

guttering, siding, drywall, insulation, flooring,

windows, doors and plumbing elements.

Added by Laws 1949, p. 105, § 6, emerg. eff. May 18, 1949. Amended

by Laws 2013, c. 331, § 6, eff. Nov. 1, 2013.