Title 37 — TRADE REGULATION

Source: SL 1980, ch 261 . 37-2-27, 37-2-28. Repealed by SL 1993, ch 298 , §§ 3, 4

Any person, firm, company, association, or corporation, foreign or domestic, engaged in the business of selling gasoline, kerosene or liquefied petroleum gases within the state that shall intentionally, for the purpose of creating a monopoly, or of destroying the business of a re…

No person shall fill any order for a lubricating oil or gasoline designated by a trade - mark or distinctive trade name for an automobile or other internal combustion engine with a substitute oil or gasoline. Source: SDC 1939, § 22.1601; SDCL, § 39-21-19; SL 1977, ch 190 , § 432.

No person may display any sign, label, or other designating mark which describes any lubricating oil or gasoline for internal combustion engines not actually sold or offered for sale or delivered at the location at which the sign, label, or other designating mark is displayed. No…

No person shall sell or keep and offer for sale any gasoline or other motor fuel which does not conform as to color and antiknock characteristics contained in the rules and regulations adopted under the authority of §

Each retail dealer of gasoline or gasoline-oxygenate blends shall post the antiknock index in accordance with applicable regulations, contained in 16 CFR Part 306, issued pursuant to the Petroleum Marketing Act, as amended through January 1, 2009. The antiknock index (AKI) may no…

37-2-15 Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler. 37-2-16 Violation as misdemeanor. 37-2-17 Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier. 37-2-18 Acting as agent of anot…

If any wholesale dealer in petroleum products subject to inspection under the terms of §§ 37-2-5 to 37-2-24 , inclusive, shall sell or deliver to any retail dealer any such product, within this state, which upon the test prescribed by those sections does not meet the required sta…

A violation of any provision in §§ 37-2-5 to 37-2-25 , inclusive, and §§ 37-2-30 , 37-2-31 , and 37-2-33 is a Class 1 misdemeanor. Source: SDC 1939, § 22.9922; SDCL § 39-21-25; SL 1977, ch 190 , § 436; SL 2000, ch 200 , § 4; SL 2001, ch 211 , § 3; SL 2013, ch 186 , § 1.

No retail dealer shall be prosecuted under the provisions of §§ 37-2-5 to 37-2-24 , inclusive, so far as they relate to the labeling and quality of any petroleum product if he can establish a guaranty, signed by the wholesaler, jobber, manufacturer, or other person from whom he p…

No person who shall commit or assist in committing any offense defined in §§ 37-2-5 to 37-2-24 , inclusive, shall be exempt from conviction and punishment therefor for the reason that he acted as the agent, employee, or representative of another. Source: SDC 1939, § 22.1506 (2); …

The secretary of public safety shall be ex officio inspector of petroleum products. Neither the secretary nor any subordinate shall traffic directly or indirectly in any product subject to inspection under the provisions of this chapter. Source: SDC 1939, § 22.1501; SL 1939, ch 9…

Any person, firm, company, association, or corporation selling gasoline, kerosene or liquefied petroleum gases in more than one section, community, or municipality, may lower prices in any given section, community, or municipality, to but not below the prices for which others are…

The inspector may at any time, in his discretion, without fee, reinspect any of the petroleum products subject to inspection under §§ 37-2-5 to 37-2-24 , inclusive, and if upon such reinspection, any of such petroleum products shall fail to meet the requirements set forth in thos…

Whenever the words, inspector of petroleum products, or, inspector, appear throughout §§ 37-2-5 to 37-2-24 , inclusive, they mean the secretary of public safety and any of the secretary's duly appointed and acting deputies, agents, assistants, or employees, engaged in administeri…

The inspector shall have authority to collect samples of petroleum products including those used for lubrication, and shall have authority to inspect and analyze and submit same to trial tests and publish results of such investigation for the benefit of the public and users there…

37-2-24 Administrative expenses paid from tax and license collections--Allocations from collections. 37-2-25 Sale of certain petroleum products on other than gross volume basis unlawful. 37-2-26 Substantially disabled may buy attendant-dispensed gasoline at self-service price. 37…

The expense of all inspections, collections, and refunds in connection with the safety and taxation of all petroleum products shall be paid from the collection of taxes or licenses by the state treasurer, upon bills, vouchers, and payrolls approved by the department and the commi…

The sale of gasoline or other middle distillate petroleum products, not including liquefied petroleum gases or petroleum fuels commercially known as number four, number five and number six, on a temperature adjusted or any basis other than gross volume, is unlawful. Source: SL 19…

A gasoline service station which offers both full service and self - service gasoline dispensing operations shall provide an attendant to dispense gasoline at the self - service price into vehicles bearing a handicapped license plate issued pursuant to §

Any person advertising the sale of any motor fuel by means of any sign, placard, or billboard in which any product price is specified shall state on such sign, placard, or billboard whether such price is a cash price or credit price, if such person sells or offers to sell such mo…

Proof of the selling of gasoline, kerosene, or liquefied petroleum gases by any person, firm, company, association, or corporation at a lower rate in one section, community, or municipality of this state than such firm, person, company, association, or corporation charges for suc…

Any gasoline kept, offered, or exposed for sale, or sold, at retail containing two percent or more by volume of any oxygenate or combination of oxygenates shall be identified as to the specific type of oxygenate or combination of oxygenates in the gasoline. The label may consist …

The distributor or supplier shall provide the retailer or distributor at the time of delivery of any gasoline, on an invoice, bill of lading, shipping paper, or other documentation a declaration of any oxygenate or combination of oxygenates present in a concentration of two perce…

37-2-34 Definition of terms relating to sale of renewable motor fuels. 37-2-34.1 Ethanol blender pump defined. 37-2-35 Certain contract restrictions on the sale of renewable motor fuels prohibited. 37-2-36 Reasonable indemnification and insurance policies permitted. 37-2-37 Franc…

No person may sell, offer for sale, or store petroleum products containing or treated with methyl tertiary butyl ether. The provisions of this section do not apply if the presence of methyl tertiary butyl ether in a petroleum product is caused solely by incidental commingling of …

Terms used in §§ 37-2-35 to 37-2-38 , inclusive, mean: (1) "Franchise-related document," a franchise agreement, branded jobber contract, branded marketer agreement, and any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franch…

The term, ethanol blender pump, refers to a mechanism provided by the retail dealer for the dispensing at retail of ethanol blend as defined in § 10-47B-3 so that the end user may select the ratio of ethanol to gasoline to be dispensed. The pump shall be the type that: (1) Dispen…

No franchise-related document entered into or renewed on or after July 1, 2008 may contain any provision allowing a franchisor to restrict the franchisee or any affiliate of the franchisee from: (1) Installing on the marketing premises of the franchisee a renewable fuel pump or t…

Nothing in §§ 37-2-34 to 37-2-38 , inclusive, precludes a franchisor from requiring the franchisee to obtain reasonable indemnification and insurance policies. Source: SL 2008, ch 201 , § 3.

No franchise-related document that requires that three grades of gasoline be sold by the applicable franchisee may prevent the franchisee from selling one or more renewable fuels in lieu of one, and only one, grade of gasoline. Source: SL 2008, ch 201 , § 4; SL 2011, ch 188 , § 3…

Any franchisor found guilty of violating the provisions of § 37-2-35 or 37-2-37 is guilty of a Class 1 misdemeanor. Source: SL 2008, ch 201 , § 5.

Each retail fuel pump shall identify conspicuously the type of fuel product, the particular grade of the fuel product, and the applicable automotive fuel rating of the fuel to be dispensed. Any 85 octane product shall be conspicuously identified with a decal that states: "May not…

Nothing in §§ 37-2-1 to 37-2-3 , inclusive, shall be construed as repealing any other law in this state, but the remedies therein provided shall be cumulative to all other remedies provided by law in and for such cases. Source: SDC 1939, § 54.0903.

If gasoline, alcohol blended fuels, kerosene, diesel fuel, aviation gasoline, burner oil, or naphtha are sold, an invoice, bill of lading, shipping paper, or other documentation shall accompany each delivery other than a retail sale. This document shall identify the quantity, the…

A refiner, importer, or producer of petroleum products, as defined by subdivision 37-2-5 (10), shall comply with the automotive fuel rating, certification, and record-keeping requirements of 16 C.F.R. §§ 306.5 to 306.7, inclusive, in effect on January 1, 2020. Source: SL 2013, ch…

A licensed distributor of petroleum products, as defined by subdivision 37-2-5 (10), shall comply with the certification and record-keeping provisions of 16 C.F.R. §§ 306.8 and 306.9 in effect on January 1, 2020. Source: SL 2013, ch 187 , § 4, eff. Mar. 6, 2013; SL 2020, ch 170 ,…

A person responsible for the product who sells or transfers petroleum products, as defined by subdivision 37-2-5 (10), to a consumer shall comply with the automotive fuel rating posting and record-keeping requirements, and the label specifications of 16 C.F.R. §§ 306.10 to 306.12…

In general conformity with ASTM D4814 and the adoption of NIST Handbook 130, 2020, in rules promulgated pursuant to this chapter, the minimum (R+M)/2 octane rating grades of petroleum products, as defined by subdivision 37-2-5 (10) in the counties of Butte, Custer, Fall River, Ha…

The minimum (R+M)/2 octane rating grades of petroleum products in all counties in the state other than those listed in § 37-2-44 shall be no less than the following: (1) Regular unleaded 87; (2) Midgrade, plus, or super unleaded 89; and (3) Premium, supreme, high test unleaded 91…

A retail dealer in petroleum products subject to inspection under the provisions of this chapter is not liable for damages caused by the use of incompatible motor fuel dispensed at the retail dealer's retail motor fuel pump, if all of the following apply: (1) The incompatible mot…

Terms used in this chapter mean: (1) "Alcohol," a colorless volatile flammable liquid containing no more than 1.25 percent of water used for the purpose of blending or mixing with gasoline for use in motor vehicles and commonly known as alcohol, ethanol, or methanol; (2) "ASTM," …

The secretary may, pursuant to chapter 1-26 , and in general conformity with ASTM and NIST standards in effect on January 1, 2020, promulgate rules: (1) Establishing standards for the maximum volume percentages of ethanol, methanol, ether, and cosolvents in alcohol blended fuels;…

Specifications and methods for the examination and test of petroleum products shall be determined by the department and shall be based upon standards from ASTM and NIST as of January 1, 2020. If promulgated as rules of the department in accordance with the provisions of chapter 1…

Any qualified laboratory may make an analysis as requested by the secretary. Distillation tests shall be made pursuant to the methods for the tests adopted by ASTM. Source: SDC 1939, § 22.1506 (3); SDCL § 39-21-8; SL 1974, ch 3 , § 15; SDCL Supp, § 39-21-7.1; SL 1975, ch 253 , § …

The inspector is not required to make a thorough analysis of all petroleum products to ascertain each form of impurity. However, if the inspector performs an analysis that demonstrates the requirements of this chapter are not met or that there exists an impurity or imperfection n…