Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 638 By: Daniels
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7 AS INTRODUCED
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8 An Act relating to the Unfair Sales Act; amending 15
8 O.S. 2021, Section 598.2, which relates to
9 definitions; modifying definitions; updating
9 statutory language and references; and providing an
10 effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 15 O.S. 2021, Section 598.2, is
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16 amended to read as follows:
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17 Section 598.2. For the purposes of the Unfair Sales Act:
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18 (a) The term "cost 1. "Cost to the retailer" means the invoice
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19 cost of the merchandise to the retailer or the replacement cost of
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20 the merchandise to the retailer, whichever is the lower; less all
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21 trade discounts except customary discounts for cash; to which shall
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22 be added (1) (a) freight charges not otherwise included in the
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23 invoice cost or the replacement cost of the merchandise as herein
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24 set forth, and (2) (b) cartage to the retail outlet if done or paid
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Req. No. 587 Page 1
1 for the retailer, which cartage cost, in the absence of proof of a
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2 lesser cost, shall be deemed to be three-fourths of one percent (3/4
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3 of 1%) of the cost to the retailer as herein defined after adding
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4 thereto freight charges but before adding thereto cartage, and
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5 taxes, (3) and (c) all state and federal taxes not heretofore added
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6 to the cost as such, and (4) a markup to cover a proportionate part
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7 of the cost of doing business, which markup, in the absence of proof
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8 of a lesser cost, shall be six percent (6%) of the cost of the
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9 retailer as herein set forth after adding thereto freight charges
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10 and cartage but before adding thereto a markup;
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11 (b) The term "cost 2. "Cost to the wholesaler" means the
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12 invoice cost of the merchandise to the wholesaler, or the
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13 replacement cost of the merchandise to the wholesaler, whichever is
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14 the lower; less all trade discounts except customary discounts for
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15 cash; to which shall be added, (1) (a) freight charges, not
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16 otherwise included in the invoice cost or the replacement cost of
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17 the merchandise as herein set forth, and (2) (b) cartage to the
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18 retail outlet if done or paid for by the wholesaler, which cartage
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19 cost, in the absence of proof of a lesser cost, shall be deemed to
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20 be three-fourths of one percent (3/4 of 1%) of the cost to the
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21 wholesaler as herein set forth after adding thereto freight charges
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22 but before adding thereto cartage, and taxes, and (3) (c) all state
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23 and federal taxes not heretofore added to the cost as such;
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1 (c) The term "replacement 3. "Replacement costs" means the
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2 cost per unit at which the merchandise sold or offered for sale
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3 could have been bought by the seller at any time within thirty (30)
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4 days prior to the date of sale or the date upon which it is offered
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5 for sale by the seller if bought in the same quantity or quantities
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6 as the seller's last purchase of said merchandise;.
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7 (d) When one or more items advertised, offered for sale, or
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8 sold with one or more other items at a combined price, or
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9 advertised, offered as a gift, or given with the sale of one or more
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10 other items, each and all of the items shall be deemed to be
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11 advertised, offered for sale, or sold, and the price of each item
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12 named shall be governed by the provisions of paragraphs (a) or (b) 1
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13 or 2 of this section, respectively;
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14 (e) The terms "sell 4. "Retailer" means and includes every
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15 person, partnership, corporation or association engaged in the
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16 business of making sales at retail within this state; provided,
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17 that, in the case of a person, partnership, corporation or
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18 association engaged in the business of making both sales at retail
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19 and sales at wholesale, such term shall be applied only to the
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20 retail portion of such business;
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21 5. "Sell at retail", "sales at retail", and "retail sale" mean
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22 and include any transfer for valuable consideration made in the
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23 ordinary course of trade or in the usual prosecution of the seller's
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24 business of title to tangible personal property to the purchaser for
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1 consumption or use other than resale or further processing or
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2 manufacturing. The above Such terms shall include any transfer of
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3 such property where title is retained by the seller as security for
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4 the payment of the purchase price;
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5 (f) The terms "sell 6. "Sell at wholesale", "sales at
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6 wholesale", and "wholesale sales" mean and include any transfer for
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7 a valuable consideration made in the ordinary course of trade or the
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8 usual conduct of the seller's business, of title to tangible
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9 personal property to the purchaser for purposes of resale or further
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10 processing or manufacturing. The above Such terms shall include any
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11 transfer of such property where title is retained by the seller as
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12 security for the payment of the purchase price; and
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13 (g) The term "retailer" means and includes every person,
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14 partnership, corporation or association engaged in the business of
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15 making sales at retail within this state; provided that, in the case
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16 of a person, partnership, corporation or association engaged in the
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17 business of making both sales at retail and sales at wholesale, such
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18 term shall be applied only to the retail portion of such business;
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19 (h) The term "wholesaler" 7. "Wholesaler" means and includes
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20 every person, partnership, corporation, or association engaged in
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21 the business of making sales at wholesale within this state;
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22 provided, that, in the case of a person, partnership, corporation or
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23 association engaged in the business of making both sales at
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1 wholesale and sales at retail, such term shall be applied only to
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2 the wholesale portion of such business.
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3 SECTION 2. This act shall become effective November 1, 2025.
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5 60-1-587 TEK 1/19/2025 5:40:30 AM
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Req. No. 587 Page 5Every fact on this page links to its source, starting with the official bill record.