§ 14-38. Definitions--Unlawful acts
Oklahoma Statutes AnnotatedTitle 2. Agriculture
2 Okl.St.Ann. § 14-38
§ 14-38. Definitions--Unlawful acts
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;
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
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.
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.
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 a twelve-month period in which no violation of this section has been found;
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.
Credits
Laws 1976, c. 108, § 8, emerg. eff. May 12, 1976. Renumbered from Title 2, § 5-61h and amended by Laws 2000, c. 243, §§ 61, 126, emerg. eff. May 24, 2000. Laws 2007, c. 200, § 5, eff. Nov. 1, 2007; Laws 2009, c. 8, § 2, eff. July 1, 2009; Laws 2010, c. 434, § 1, eff. July 1, 2010; Laws 2017, c. 363, § 1, eff. Nov. 1, 2017.
2 Okl. St. Ann. § 14-38, OK ST T. 2 § 14-38
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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