Oklahoma Moves Closer to Eliminating Unfair Retail Markup with House Passage of Key Legislation

Oklahoma is one step closer to eliminating its 6% mandatory retail markup with the recent passage of House Bill 638, a piece of legislation that seeks to repeal the state’s outdated Unfair Sales Act. The law, which has been in place since 1949, forces retailers to add a 6% markup on a variety of essential consumer goods like groceries, over-the-counter medications, diapers, and other everyday necessities.

The bill, which passed the Oklahoma House of Representatives on Tuesday with unanimous support, was led by Senate Majority Floor Leader Julie Daniels and House Majority Deputy Floor Leader Steve Bashore. The repeal of this mandatory markup has gained strong bipartisan support, with lawmakers recognizing the economic burden it places on Oklahoma families.

Rep. Bashore, a key advocate for the bill, pointed out the unfair pricing disparities between Oklahoma and neighboring states. He shared examples of Oklahomans paying higher prices for the same products than consumers in states like Missouri and Kansas, where the 6% markup does not exist. “We want Oklahomans to shop local, but forcing them to pay 6% more for basic items is unacceptable,” Bashore said. “This bill is about empowering consumers and ensuring that local businesses can compete on a level playing field.”

In a Facebook post yesterday, Rep. Bashore expressed his excitement about the bill’s passage, saying, “I am extremely excited to have helped get this important legislation across the finish line!” He added that the bill is “one step closer to the governor’s desk” and will bring meaningful relief to Oklahoma consumers.

Oklahoma is one of only seven states still operating under such a law, which was originally designed to protect local retailers from the pricing power of larger, out-of-state competitors. However, with the rise of online shopping and price transparency across state lines, many have argued that the law no longer serves its original purpose.

Sen. Daniels emphasized that removing the markup is part of a broader commitment to help Oklahoma families save money. “Repealing this outdated law reinforces the Legislature’s commitment to providing inflation relief for hardworking Oklahomans,” Daniels said. “This is another step toward eliminating unnecessary government mandates and putting more money back into the pockets of consumers.”

The bill follows on the heels of another significant victory for Oklahoma consumers: the recent elimination of the state grocery tax, which was the largest tax cut in the state’s history. Supporters of HB 638 argue that repealing the mandatory markup will help lower prices and create a more competitive retail environment. This move would bring Oklahoma in line with most other states, fostering a market where businesses have the freedom to set prices based on market conditions, rather than government-imposed restrictions.

Rep. Bashore, whose district is located near the borders of Missouri and Kansas, sees this legislation as an important step in encouraging Oklahomans to shop locally. He believes that eliminating the 6% markup will make shopping in Oklahoma more affordable and reduce the temptation for residents to cross state lines to buy goods at a better price. “This bill will benefit local businesses, taxpayers, and the overall state economy,” Bashore said. “It will allow the free market to function as it should.”

After passing the House, HB 638 now returns to the Senate for a final vote. If approved, it will be sent to Governor Kevin Stitt for consideration. Should it pass, the changes will take effect on November 1, 2025. The repeal of the 6% markup promises to provide significant savings for consumers and may spark a broader shift toward deregulation in Oklahoma’s retail market.

As the bill moves forward, Oklahoma appears poised for a retail revolution. The repeal of the 6% markup will not only reduce costs for consumers but could also create a more competitive and market-driven economy, benefiting both businesses and residents alike.