STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1775	By:	Roberts (Sean)

AS INTRODUCED

An Act relating to contracts; amending 15 O.S. 2001, Section 598.6, which relates to the Unfair Sales Act; modifying exemptions; providing exemption for certain food and food products; providing exemption for merchandise ; providing exemption for petroleum and petroleum byproducts; providing exemption for pharmaceuticals; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     15 O.S. 2001, Section 598.6, is amended to read as follows:
Section 598.6  1.  The provisions of this act shall not apply to sales at retail or sales at wholesale.:
(a) where seasonable merchandise is sold in bona fide clearance sales, if advertised marked, and sold as such;
(b) where perishable merchandise must be sold promptly in order to forestall loss;
(c) where merchandise is imperfect or damaged or is being discontinued and is advertised, marked and sold as such;
(d) where merchandise is sold upon the final liquidation of any business;
(e) where merchandise is sold for charitable purposes or to relief agencies;
(f) where merchandise is sold on contract to departments of the government or governmental institutions;
(g) where merchandise is sold by any officer acting under the order or direction of any court; and
(h) where merchandise is sold at any bona fide auction sale.
2.  The provisions of this act shall not apply to food and food ingredients including food products intended for human consumption, such as the following: cereal and cereal products; milk and milk products, including ice cream, butter, and yogurt; meat and meat products; poultry products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products; spices, condiments, and salt; sugar products; coffee and coffee substitutes; tea; juice (if it contains more than fifty percent (50%) fruit or vegetable juice by volume); cocoa and cocoa products; canned foods; or any combination of these.
3.  The provisions of this act are suspended during the period beginning on the fourth Thursday in November through December 26 except for petroleum, oil, gasoline, or pharmaceuticals.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-6055	MAH	01/20/11