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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3960 By: Munson
AS INTRODUCED
An Act relating to technology; creating the Safe
Stores are Staffed Stores Act; providing definitions;
directing drug retail and food retail establishments
to provide one employee for every four self-service
checkouts; directing establishments to establish and
implement fifteen item limit at self-service
checkouts; directing establishments to have policy
that prohibits customers from using a self-service
checkout for items that require identification and
items subject to special theft-deterrent measures;
requiring posting of signage; requiring self-service
checkouts to be located to enable observation by
employees and local law enforcement; requiring
establishments to have at least one employee assigned
to monitor self-service checkout operation during
business hours; creating a private right of action;
establishing a civil penalty; permitting awarding
attorney fees and court costs; establishing
protections for employees; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 200 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
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This act shall be known and may be cited as the "Safe Stores are
Staffed Stores Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 201 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Customer" means an individual who buys consumer goods from
a drug retail establishment or food retail establishment;
2. "Drug retail establishment" means a retail store that sells
a variety of prescription and nonprescription medicines and
miscellaneous items, including drugs, pharmaceuticals, sundries,
fresh produce, meats, poultry, fish, deli products, dairy products,
canned foods, dry foods, beverages, prepared foods, and other
merchandise;
3. "Employee" means an individual employed by and on the direct
payroll of a drug retail establishment or food retail establishment,
but does not include independent contractors, workers hired through
a third-party agency, managers, supervisors, or confidential
employees;
4. "Food retail establishment" means a retail store that is
either:
a. over fifteen thousand (15,000) square feet in size and
sells primarily household foodstuff for offsite
including fresh produce, meats, poultry, fish, deli
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products, dairy products, canned foods, dry foods,
beverages, baked foods or prepared foods (other
household supplies or products are secondary to the
primary purpose of food sales), or
b. over eighty-five thousand (85,000) square feet and
with ten percent (10%) of their sales floor area
dedicated to the sale of nontaxable merchandise
including the sale of fresh produce, meats, poultry,
fish, deli products, dairy products, canned foods, dry
foods, beverages, baked foods or prepared foods;
5. "Staffed checkout station" means a station that is not a
self-service checkout and at which an employee provides human
assistance to a customer for scanning, bagging, or accepting payment
for the customer's purchases;
6. "Self-service checkout" means the automated processes that
enable customers to scan, bag, and pay for their purchases without
human assistance, including, but not limited to, fixed self-
checkout, scan-and-go self-checkout, or mobile self-checkout; and
7. "Self-service checkout station" means a station at a fixed
location within a drug retail establishment or food retail
establishment at which a customer can engage in a self-service
checkout for the customer's purchases.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 202 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. Drug retail establishments and food retail establishments
that provide self-service checkout options shall provide at least
one employee for every four (4) self-service checkout station kiosks
staffed by an employee that is available during the times that a
self-service checkout option is available to customers, and drug
retail establishments and food retail establishments shall
establish, implement, and advertise limits to self-service checkout
to purchases of no more than fifteen (15) items.
B. Drug retail establishments and food retail establishments
shall have an established workforce policy that prohibits customers
from using a self-service checkout station to purchase either of the
following:
1. Items that require customers to provide a form of
identification, including, but not limited to alcohol and tobacco
products; or
2. Items subject to special theft-deterrent measures that are
affixed to the item, including, but not limited to electronic
article surveillance, ink or other tags, or items placed in locked
cabinets, that require the intervention of an employee to remove
them before purchase.
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C. Drug retail establishments and food retail establishments
shall notify the public of this act by prominently posting signage
in a location accessible to customers, which includes either a link
or Quick Response (QR) code to a summary of the public's rights
under this act and enforcement options available to the public.
D. Self-service checkout stations shall be located to enable
observation and surveillance from both employees of drug retail
establishments and food retail establishments and local law
enforcement.
E. Drug retail establishments and food retail establishments
that provide self-service checkout options shall assign at least one
employee to monitor the self-service checkout operation at all times
that self-service checkout is in operation during business hours.
The assigned employee shall have no other work responsibilities that
would interfere with their ability to maintain direct visual
inspection and surveillance of the self-service checkout operations.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 203 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
Any customer or employee of a drug retail establishment or food
retail establishment may bring a private right of action in the
county court of proper jurisdiction against a drug retail
establishment or food retail establishment for violating this act
and, upon prevailing, may be awarded:
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1. A civil penalty for each violation of this act of One
Hundred Dollars ($100.00) for each employee of the drug retail
establishment or food retail establishment. Each day the violation
is not cured, the penalty shall increase an additional One Hundred
Dollars ($100.00) per employee per day up to a limit of One Thousand
Dollars ($1,000.00) per employee per day for each day in which the
violation remains uncured; and
2. Attorney fees and court costs.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 204 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
No drug retail establishment or food retail establishment shall
terminate, reduce in compensation, or otherwise discriminate against
any employee in conditions of employment for seeking to enforce
their rights under this act by any lawful means, for participating
in proceedings related to this act, for opposing any practice
proscribed by this act, or for otherwise asserting rights under this
act.
SECTION 6. This act shall become effective November 1, 2026.
60-2-15034 MJ 01/05/26