New Oklahoma law prevents retailers from marking up variety of products

TULSA, Okla. –

On November 1, a new law goes into effect that prevents retailers from marking up many products. It reverses the Unfair Sales Act of 1949, an Oklahoma law that required a 6% markup on items like baby supplies, groceries and gas.

What is the Unfair Sales Act of 1949?

The Unfair Sales Act is a former Oklahoma law that mandated a minimum retail markup on certain goods. It was originally designed to protect small retailers from large competitors.

“For 76 years, we’ve had this statute in place that requires retailers to mark goods up six percent,” said Senator Daniels. “And, not only do I disagree with that, you know, because we shouldn’t be setting the prices of goods for vendors, but also, it was at a time when there was some concern with post-World War II about helping out smaller entities. But you know, over the decades, we live in a global marketplace, so no matter how big or small you are, you are competing. And I just felt like this was something that was artificial and shouldn’t be in place anymore.”

How does Senate Bill 638 provide relief?

Senate Bill 638 reverses the state’s decades-old law that forces businesses to impose a 6% markup on retail goods like gas, groceries, medicines, diapers and other basic necessities.

“That will be up to each retailer, what they do,” said Daniels. “But I believe if inflation is driving up costs, you may not see the reduction. But without taking the six percent off, you might have seen an increase. So I think, again, the marketplace should dictate the prices.”

How are local businesses providing relief?

At Oasis Fresh Market in Tulsa, the team is focused on keeping food affordable. Even as the marketplace adjusts, their mission is to make sure no one goes hungry.

“That’s why we’re partnering with our nonprofit, the Oasis Project,” said A.J. Johnson, owner of Oasis Fresh Market. “And we’re asking churches and businesses, how can we stand in the gap? What would you do if that was your daughter or your wife or your husband or your child? And so this is a great opportunity for us to come together to be that city on a hill. And there is a lot of dark times. And so that’s why the Oasis exists, to be that hope in the desert.”

Oasis Fresh Market also aims to help people who rely on assistance from the government.

“All of our amazing partners and customers that come in every day, and our double-up programs that we have,” said Johnson. “The dollar-for-dollar match. That’s going to still continue for individuals that can get free produce if they have EBT.”