Title 37 — TRADE REGULATION

Terms used in this chapter mean: (1) "Department," the Department of Public Safety; (2) "Secretary," the secretary of the Department of Public Safety. Source: SL 2016, ch 183 , § 59. 37-21-1.1. Repealed by SL 2016, ch 183 , § 21.

37-21-1.2 General supervision by department. 37-21-2 Secretary as inspector and sealer--Enforcement of standards--Powers and duties of department personnel. 37-21-3

The department shall have and keep a general supervision of the weights, measures, and weighing or measuring devices offered for sale, sold, or in use in the state. Source: SDC 1939, § 63.0102; SL 2004, ch 17 , § 244; SDCL § 37-21-1 ; SL 2016, ch 183 , § 20.

If a complaint is made to the secretary that any false or incorrect scales, weights, or measures are being made use of by any person in the purchase or sale of merchandise or other commodities or in weighing any article or commodity, the piece price for which is determined by wei…

37-21-12 Impersonation of secretary or department employee as misdemeanor. 37-21-13 Sealing and marking of weights, measures and devices found correct. 37-21-14 Seizure and destruction of incorrect weights, measures and devices--Tagging for repairs--Confiscation on failure to rep…

Any person who impersonates in any way the secretary or an employee of the department in the performance of the person's official duties, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 63.9903; SL 1977, ch 190 , § 287; SL 1996, ch 320 (Ex. Ord. 96-1), §§ 19, 20; SL 2003,…

If the secretary compares weights, measures, or weighing or measuring devices and finds that they correspond with the state standards, the secretary shall seal or mark the weights, measures, or weighing or measuring devices with appropriate seals or marks. Source: SDC 1939, § 63.…

The director of commercial inspection and licensing shall condemn and seize, and may destroy, incorrect weights, measures, or weighing or measuring devices which in the director's best judgment are not susceptible to satisfactory repair. If the weights, measures, or devices are i…

The secretary may weigh or measure and inspect packages or amounts of commodities of whatever kind kept for the purpose of sale, offered or exposed for sale, sold, or in the process of delivery, to determine whether the packages or commodities contain the amounts represented, and…

The secretary may for the purposes mentioned in § 37-21-15 , and in the general performance of official duties, enter and go into or upon, without formal warrant, any stand, place, building, or premises, or stop any vendor or any dealer for the purpose of making proper tests. Sou…

37-21-19

Any person who: (1) Offers or exposes for sale, sells, uses in buying or selling of any commodity or thing, or for hire or award, or retains in possession a false weight or measure or measuring or weighing device, or any weight or measure or weighing or measuring device that has …

Repealed by SL 1977, ch 190 , § 290 37-21-20

The secretary is the ex officio inspector and sealer of weights and measures and shall enforce the provisions of chapters 37-20 and 37-21 . A deputy, assistant, or inspector appointed by the secretary has the same powers and duties provided to the secretary when acting in perform…

37-21-21 Assistance of law enforcement--Prosecution of violations. 37-21-22

The secretary and any deputy, assistant, or inspector may request the assistance of local law enforcement in the arrest of any violator of law in relation to weights and measures, enter a complaint before any court of competent jurisdiction, and seize and use as evidence, without…

Repealed by SL 1977, ch 190 , § 291 37-21-23

Repealed by SL 2006, ch 187 , § 17.

37-21-4

37-21-6 Specifications and tolerances included in regulations--Purpose--Conformity with national code. 37-21-7 Conforming weights, measures, and devices deemed correct. 37-21-8

The secretary of the Department of Public Safety may promulgate rules pursuant to chapter 1-26 for the enforcement of the provisions of chapters 37-20 and 37-21 . Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 23.

Rules promulgated under the provisions of § 37-21-5 may include specifications and tolerances for any weight, measure, or weighing or measuring device of the character of those specified in §

For the purposes of this chapter any weight, measure, or weighing or measuring device shall be deemed to be correct when it conforms to all applicable requirements promulgated as specified in §§ 37-21-5 and 37-21-6 , and other apparatus shall be deemed to be incorrect. Source: SD…

37-21-9 Inspection and testing of weights, measures, and devices. 37-21-9.1 Fees for inspection and testing. 37-21-10 Investigation upon complaint. 37-21-11

When not otherwise provided for by law, the secretary shall inspect, test, try, and ascertain that all weights, measures, and weighing and measuring devices kept, offered, or exposed for sale, sold or used or employed by any person in proving or ascertaining the size, quantity, e…

The department shall charge and collect a fee of twenty-eight dollars for each inspection and testing of any weight, measure, and weighing and measuring device up to one thousand pounds. The fee shall be paid upon demand of the department by the person, firm, or corporation ownin…