Purchase or sale other than in regular course of trade or business - Sales to employees.

Checkout our iOS App for a better way to browser and research.

No person in this state shall, by any method or procedure, directly or indirectly, by itself or through any subsidiary agency owned or controlled in whole or in part by such person, purchase, or exhibit catalogs for the purchase of, any articles, material, product or merchandise of whatever nature in the name of or on the credit of such person, or at special discounts available to such person, for any other purpose than for use or resale in the regular course of business of such person, or sell, cause to be sold, procure for sale or have in its possession or under its control for sale to its employees any article, material, product or merchandise of whatever nature not of its own production or not handled in its regular course of trade or business; provided that nothing in this act is intended or shall be construed as prohibiting the giving of any such article, material, product or merchandise as an incentive, award or gift; provided further, that this section shall not apply to purchases by a person for the purpose of resale or gratuity to its employees of tools, products and paraphernalia which are consumed, used or worn by employees in the performance of such employees' regular duties in such trade or business and are beneficial to the health, safety and working conditions of such employees.

No person shall permit the use of its name, credit, facilities, or the services of its employees, nor shall such person in any way promote or sponsor the sale, offer of sale, or assistance in negotiating or completing a sale to its employees through such person at wholesale prices of any such merchandise not manufactured, produced or customarily dealt in or handled by such person in the regular course of its business; provided that nothing in this act is intended or shall be construed as prohibiting any person qualified under the laws of Oklahoma as a public service corporation from promoting or sponsoring through established advertising media the use and sale or equipment utilizing the product or service supplied to the public by such person, or assisting established retail dealers in the promotion of the sale and use of such equipment. Provided however that nothing contained herein shall affect those relationships existing between the producer of crops or livestock and the person or persons supplying said producer with the means of producing same.

No person engaged in the sale of merchandise shall misrepresent the true nature of such business in any form of advertising by the use of the words manufacturer, wholesaler, or retailer, or otherwise, either in sales in its regular course of business or sales to its employees.

Nothing in this act shall ever abridge or impair the right of any person to freely contract with any other person concerning any matter not prohibited hereby or by any other civil or criminal laws of this state; and further, nothing in this act shall prohibit any person from enjoying the rights guaranteed by Section 2 of Article II of the Constitution; nor shall any person by this act be denied the right to freely speak and write upon all subjects as guaranteed by Section 22, Article II of the Constitution.

Laws 1957, p. 86, § 3.


Download our app to see the most-to-date content.