Title 37, TRADE REGULATION

All track scales and all other scales in this state used by common carriers or by shippers for the purpose of weighing cars or freight offered for shipment in car lots and all scales and weighing devices in public warehouses and grain elevators and all stock scales at stockyards …

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 , § 60.

The department shall charge and collect a fee for each inspection or testing of scales. The fee shall be paid upon demand of the department by the person owning or operating the scale inspected or tested. The schedule of fees is as follows: (1) 1,001 to 2,000 pounds capacity, inc…

If a request is made by the owner to test a scale outside of the regular route or regular tour of inspection of any scale inspector and it is found necessary by the department to send and dispatch a scale inspector with the scale inspection truck and its scale testing equipment, …

If the person making an inspection pursuant to § 37-22-9 finds any scale in use inaccurate, the inspector shall condemn, or reject for repair, the scale and attach to the scale a card, notice, or other device, indicating that the scale is condemned or rejected. It is a Class 2 mi…

Any money collected under the provisions of this chapter shall be deposited in the general fund. Source: SDC 1939, § 63.0305; SL 1939, ch 296 ; SL 1949, ch 440 ; SL 1963, ch 457 ; SL 1969, ch 283 ; SL 1978, ch 279 , § 3; SL 2004, ch 17 , § 273; SL 2016, ch 183 , § 51.

Except as otherwise provided in this chapter, any person: (1) Neglecting to install a seal for the preservation of adjustment as required by this chapter, upon any scale under the jurisdiction of the department, after thirty days' notice so to do; (2) Removing, defacing, or destr…

The secretary may grant a variance, upon request from a scale owner or operator, to any rules or specifications governing the scale except those specifying a tolerance or the value of a minimum division. The owner or operator shall demonstrate the variance is needed due to econom…

The secretary shall promulgate rules, pursuant to chapter 1-26 , for: (1) The installation, testing, and maintenance of all heavy scales, including specifications in conformance with standards published by the National Institute for Standards and Technology in effect January 1, 2…

The department has exclusive jurisdiction over the scales designated in §§ 37-22-1 and 37-22-3 . The inspection of the scales may only be made by and under the direction of the department. Source: SDC 1939, § 63.0301; SL 1949, ch 439 ; SL 2004, ch 17 , § 264; SL 2016, ch 183 , § …

The department may appoint suitable and competent inspectors to aid the department in making inspections of scales under its jurisdiction. Source: SDC 1939, § 63.0302; SL 1945, ch 350 ; SL 2002, ch 184 , § 1; SL 2004, ch 17 , § 265; SL 2006, ch 187 , § 25; SL 2016, ch 183 , § 45.

The department may acquire standard weights and measures and additional facilities and equipment including motor vehicles or other means of conveyance deemed necessary and suitable in carrying on the work of inspecting, testing, and correcting scales and performing generally the …

The department or any agent, employee, or scale inspector of the department may at any time, without notice, enter any place maintaining a scale subject to the provisions of this chapter and test and seal all weighing scales and measures used in conducting the business. Source: S…