Okla. Stat. tit. 2, § 2-14-38

A. For the purposes of this section:

1. "Advertised price" means the price of a consumer item which

price a store has caused to be disseminated by means of promotional

methods such as an in-store sign, newspaper, circular, television,

radio advertising, or other means;

2. "Board" means the State Board of Agriculture;

3. "Computer-assisted checkout system" means any electronic

device, computer system, or machine which determines the selling

price of a consumer item by interpreting the UPC of the consumer

item, or any other use of a similar price look-up function;

4. "Commissioner" means the Commissioner of the Department of

Agriculture, Food, and Forestry;

5. "Consumer item" means each item being offered or exposed for

sale;

6. "Department" means the Oklahoma Department of Agriculture,

Food, and Forestry;

7. "Inspector" means an authorized representative of the

Oklahoma Department of Agriculture, Food, and Forestry;

Oklahoma Statutes - Title 2. Agriculture Page 522

8. "Item price" means the tag, stamp, or mark affixed by an

authorized person to a consumer item which sets forth, in Arabic

numerals, the retail price thereof;

9. "Manually entered prices" means any method of determining

the selling price of a consumer item by means other than a computer-

assisted checkout system;

10. "Price look-up function" means the capacity of any checkout

system to determine the retail price of a consumer item by way of

the manual entry into the system of a code number assigned to that

particular consumer item by an inspector or the store or the

checkout operator's consultation of a file maintained at the point

of sale or within the store;

11. "Sale price" means the price of consumer items offered for

sale in good faith at a price below the price for which the consumer

items are usually sold in the store;

12. "Shelf price" means the sign or tag placed by an authorized

person at each point of display which clearly sets forth the retail

price of the consumer item;

13. "Store" means any establishment which offers consumer items

for sale at retail. Each separate building within which consumer

items are offered for sale at retail shall constitute a separate

store location for purposes of this section;

14. "Store-coded item" means the application of a UPC to any

consumer item by that particular store; and

15. "Universal product code" (UPC) means the digital figure

depicted through the use of bars and spaces, typically attached by

the manufacturer or distributor, which may be scanned into the

pricing system of a store.

B. 1. It shall be unlawful for any person to:

a. sell, offer, or expose for sale a quantity less than

the quantity represented,

b. take more than the represented quantity when, as a

buyer, the person furnishes the weight or measure by

means of which the quantity is determined,

c. represent the quantity in any manner calculated or

tending to mislead or in any way deceive another

person, or

d. misrepresent the price of any commodity or service

sold, offered, exposed, or advertised for sale by

weight, measure, or count or represent the price in

any manner calculated or tending to mislead or in any

way deceive a person.

2. It shall be unlawful for a store to charge a retail price

for any consumer item which exceeds the lowest then price in that

store, whether a shelf, sale, advertised, or otherwise publicly

communicated price, of the consumer item.

Oklahoma Statutes - Title 2. Agriculture Page 523

C. Every person, store, firm, partnership, corporation, or

association which sells, offers for sale, or exposes consumer items

for sale at retail within this state shall disclose to the consumer

the item price of the consumer items by:

1. Causing to be conspicuously, clearly, and plainly marked,

stamped, typed, or affixed to the items, the retail price in Arabic

numerals; or

2. Disclosing to the consumer the item price of the consumer
rporation, or

association which sells, offers for sale, or exposes consumer items

for sale at retail within this state shall disclose to the consumer

the item price of the consumer items by:

1. Causing to be conspicuously, clearly, and plainly marked,

stamped, typed, or affixed to the items, the retail price in Arabic

numerals; or

2. Disclosing to the consumer the item price of the consumer

items by causing a shelf price to be posted at the point of display

in Arabic numerals or maintaining a price look-up function for the

consumer items, except for consumer items held in outside storage

and warehouses.

D. 1. If the shelf labels do not conform with the provisions

of this section, the store shall be subject to the following

penalties:

a. for violations discovered upon the first inspection

following any twelve-month period in which no

violation of this section has been found, the store

will receive a Letter of Warning and be placed on an

increased inspection frequency. Stores will remain on

an increased inspection frequency until they have

achieved a twelve-month period in which no violation

of this section has been found,

b. for violations identified in the second inspection

following any twelve-month period within which no such

violations have been found, a penalty in the amount of

Ten Dollars ($10.00) per violation shall be imposed,

but in no event shall the total penalty for all

violations identified at the second inspection exceed

Five Hundred Dollars ($500.00), and

c. for violations identified in a third or subsequent

inspection in a twelve-month period following a

previous violation of this section, the penalties

shall be doubled, up to a maximum of One Thousand

Dollars ($1,000.00) per inspection.

2. Every day a violation is continued shall constitute a

separate violation.

E. For the purpose of determining the compliance of a store

with this section, an inspection shall be conducted of a sample of

no fewer than fifty and no more than three hundred consumer items,

with inspectors typically sampling fifty consumer items for each

cash register that may be operational in a given store using a

computer-assisted checkout system. Inspections for manually entered

prices may consist of sample sizes of no fewer than ten and no more

than fifty items. The sample shall be selected by the inspector

from a cross section of all items offered for sale at the store

inspected.

Oklahoma Statutes - Title 2. Agriculture Page 524

F. 1. For any price accuracy inspection under this section,

the store representative shall afford the inspector access to the

test mode of the computer-assisted checkout system in use at the

store or to a comparable function of the system and to the retail

price information contained in any price look-up system.

2. In a store with a laser scanning or other computer-assisted

checkout system, the inspector shall be permitted, whether through

an agency issued scanner or otherwise, to compare the item, shelf,

sale, or advertised price of any consumer items offered in the

store, not to exceed three hundred consumer items selected from a

cross section of all items offered for sale at the location at any

one inspection, with the programmed computer price. Inspectors

should sample fifty consumer items for each cash register that may

be operational in a given store not to exceed three hundred consumer

items selected from a cross section of all items offered for sale at

the location of that store at any one inspection. The store shall

provide access to its computers as necessary for the inspector to

make the inspection.

G. Undercharges shall not be considered an inaccurately priced

item when calculating price accuracy under this section.

H. Stores on a routine inspection frequency may be inspected

once per six (6) months, depending upon available resources of the

Department. Stores on an increased inspection frequency may be
vide access to its computers as necessary for the inspector to

make the inspection.

G. Undercharges shall not be considered an inaccurately priced

item when calculating price accuracy under this section.

H. Stores on a routine inspection frequency may be inspected

once per six (6) months, depending upon available resources of the

Department. Stores on an increased inspection frequency may be

inspected in sixty-day intervals.

I. Any prior adoption in statute or rule of the Examination

Procedure for Price Verification Handbook 130 issued by the National

Institute of Standards and Technology is revoked. However, the

inspection and testing procedures used by inspectors shall generally

conform to the standards of the then current Handbook 130 issued by

the National Institute of Standards and Technology, specifically

including verification procedures for manually entered prices.

J. Any store found in violation of this section shall be

subject to the penalties specified in this subsection. Each day on

which a violation is continued shall constitute a separate

violation. The failure to accurately price ninety-five percent

(95%) of all consumer items sampled as part of a given inspection

shall be deemed a failed inspection. If the programmed computer

price or manual checkout price, in cases where there is no

programmed computer price, exceeds the shelf, sale, advertised, or

otherwise publicly communicated price of any consumer item, the

store shall be subject to the following penalties:

1. For violations discovered upon the first inspection

following any twelve-month period in which no violation of this

section has been found, the store will receive a Letter of Warning

and be placed on an increased inspection frequency. Stores shall

remain on an increased inspection frequency until they have achieved

Oklahoma Statutes - Title 2. Agriculture Page 525

a twelve-month period in which no violation of this section has been

found;

2. For violations discovered upon the second inspection

following any twelve-month period in which no violation of this

section has been found, the store shall pay a penalty of Seventy-

five Dollars ($75.00) for each consumer item which results in an

overcharge or potential overcharge;

3. Third violations discovered within any twelve-month period

will be assessed a one-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge;

4. Fourth violations discovered within any twelve-month period

will be assessed a two-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge;

5. Fifth violations discovered within any twelve-month period

will be assessed a three-hundred-fifty-dollar penalty per consumer

item which results in an overcharge or potential overcharge; and

6. Sixth or subsequent violations within any twelve-month

period will be assessed a five-hundred-dollar penalty per consumer

item which results in an overcharge or potential overcharge, with a

maximum penalty per overcharge of Five Hundred Dollars ($500.00) per

consumer item, regardless of additional violations per inspection

per store location.

K. The provisions of the Oklahoma Small Business Regulatory

Flexibility Act pertaining to waiver or reduction of any

administrative penalty or administrative fine shall not be

applicable to this section and may not be relied upon for a

reduction or deferral or as imposing any procedural prerequisite or

as a defense, respecting actions investigated and/or brought under

this section.

L. Persons primarily engaged in selling lumber and other

building materials classified under Industry Group No. 4441 of the

North American Industrial Classification System (NAICS), except for

national home centers classified under NAICS code 444110, shall be

exempt from this section.

M. The State Board of Agriculture shall have the authority to
nvestigated and/or brought under

this section.

L. Persons primarily engaged in selling lumber and other

building materials classified under Industry Group No. 4441 of the

North American Industrial Classification System (NAICS), except for

national home centers classified under NAICS code 444110, shall be

exempt from this section.

M. The State Board of Agriculture shall have the authority to

promulgate rules as necessary to carry out the purposes of this

section.