The provisions of the Unfair Sales Act shall not apply to the following sales at retail or sales at wholesale:

1. Where seasonable merchandise is sold in bona fide clearance sales, if advertised, marked, and sold as such;

2. Where perishable merchandise must be sold promptly in order to forestall loss;

3. Where merchandise is imperfect or damaged or is being discontinued and is advertised, marked and sold as such;

4. Where merchandise is sold upon the final liquidation of any business;

5. Where merchandise is sold for charitable purposes or to relief agencies;

6. Where merchandise is sold on contract to departments of the government or governmental institutions;

7. Where merchandise is sold by any officer acting under the order or direction of any court;

8. Where merchandise is sold at any bona fide auction sale; and

9. Where a particular item of merchandise corresponding to a unique identifier is sold at below cost for fifteen (15) or fewer sequential days and where such single-day or multi-day sale does not occur more than ten (10) separate times in any twelve-month period. This exemption shall not apply to:

a.gasoline and diesel fuel,

b.legend drug products,

c.food and nonalcoholic beverages sold for off-premise use or consumption,

d.household soaps and detergents,

e.health and beauty aids,

f.over-the-counter medicines, vitamins, and health products, excluding exercise equipment and durable medical products,

g.pet food and pet supplies,

h.paper and plastic goods,

i.household cleaning agents and cleaning supplies,

j.baby supplies directly related to nutrition and food preservation, consumption and disposal, including disposable diapers,

k.low-point beer, as defined in paragraph 1 of Section 163.2 of Title 37 of the Oklahoma Statutes, sold for off-premise use or consumption, and

l.structural building materials, including but not limited to lumber and lumber composites, engineered wood products, structural wood panels, roofing, guttering, siding, drywall, insulation, flooring, windows, doors and plumbing elements.

Added by Laws 1949, p. 105, § 6, emerg. eff. May 18, 1949. Amended by Laws 2013, c. 331, § 6, eff. Nov. 1, 2013.