Title 37 — TRADE REGULATION

Any money that an auction cashier receives on behalf of a client from an auction sale shall be deposited in a separate account maintained for auction sale proceeds only. Source: SL 1993, ch 299 , § 1; SL 1998, ch 242 , § 17.

Any money that an auction cashier receives on behalf of a client from an auction sale shall be given to the client within twenty working days of the auction sale. This section does not apply to any bad check or if there is a prior written agreement between the client and the cash…

"Auction sale," as used in this chapter means the offering for sale or selling of personal property to the highest bidder or offering for sale or selling of personal property at a high price and then offering the personal property at successive lower prices until a buyer is secur…

Sections 37-14-18 and 37-14-19 do not apply to any livestock auction agency licensed pursuant to chapter 40-15 or to any real estate sale. Source: SL 1993, ch 299 , § 3.

Except as otherwise agreed to in writing by the purchaser and seller, or unless otherwise provided for by advertised or announced terms at the auction premises on the day of the sale, if the purchaser of any property at an auction sale has not removed the property from the auctio…

37-14-5 Requirements of chapter. 37-14-6 37-14-6 to 37-14-17. Repealed by SL 1998, ch 242 , §§ 5 to 16 37-14-18 Deposit of auction receipts into separate auction proceeds account. 37-14-19 Transfer of auction receipts to client--Time limit. 37-14-20 Application of deposit and tra…

The provisions of §§ 37-14-2 to 37-14-5 , inclusive, do not extend to the sale at public auction of livestock, farm machinery, or farm produce or any other item commonly sold at a farm sale, to any auction sale held under authority of or under the supervision and direction of any…

Any requirement under the provisions of §§ 37-14-2 to 37-14-5 , inclusive, is in addition to and not in lieu of any other state or local license as required by statute or ordinance. Source: SL 1955, ch 233 , § 9; SDC Supp 1960, § 54.0511; SL 1998, ch 242 , § 4. 37-14-6 to 37-14-1…

Every pawnbroker who receives goods in pledge for loans at any rate of interest above that allowed by law, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1827; SL 1977, ch 190 , § 270.

Every pawnbroker who sells any article received by him in pledge before the time to redeem the same has expired is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1829; SL 1977, ch 190 , § 271.

Any person who carries on the business of a pawnbroker, except by authority of a license from a municipal corporation granted pursuant to § 9-34-8 or from a county commission granted pursuant to § 7-18-29 , is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1827; SL 1977,…

Every pawnbroker who refuses to disclose the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1829; SL 1977, ch 190 , § 273.

Every pawnbroker and every junk dealer who, having received any goods which have been stolen, refuses to exhibit them upon demand during usual business hours to the owner of said goods or his agents authorized to demand an inspection thereof, is guilty of a Class 1 misdemeanor. S…

Any person who knowingly sells or offers for sale any agricultural implement, farm tractor, or other type of farm machinery or equipment, or radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner,…

Nothing contained in this chapter shall be construed to prevent any manufacturer or importer, or his agents, other than dealers, from doing his own numbering on agricultural implements, farm tractors, or other type of farm machinery or equipment, or parts, removed or changed, and…

This chapter shall not apply to farmers who may want to dispose of agricultural implements either privately or at a public auction unless they are dealing in farm implements for profit. Source: SL 1951, ch 261 ; SDC Supp 1960, § 54.1102; SL 1966, ch 156 .

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 , § 58.

The weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and any new weights and measures received from the United States as standard weights and measures in addition thereto or in renewal thereof, and supplied by the state i…

The secretary shall take charge of the standards adopted by this chapter as the reference standards of the state and take necessary precautions for the safekeeping of the standards. The standards shall be kept in a fireproof building controlled by the state from which the standar…

In addition to the state reference standards of weights and measures provided for by law, the state shall supply at least one complete set of duplicate standards which shall be kept at all times in the department. The duplicate standards shall be known as the working standards. T…

Every person who knowingly marks or stamps false or short weight, or false tare, on any cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 63.9907; SL 1977, ch 190 , § 285.

Every person who, in putting up in any bag, bale, box, barrel, or other package any hops, cotton, hay, or other goods usually sold in bags, bales, boxes, barrels, or packages, by weight, puts in or conceals therein anything whatever for the purpose of increasing the weight of suc…

Nothing in chapters 37-20 to 37-22 , inclusive, shall prohibit the use of standard metric measures. Source: SDC 1939, § 63.0201.

The secretary may promulgate rules, pursuant to chapter 1-26 , for the enforcement of the provisions of chapter 37-20 in the following areas: (1) Tolerances, specifications, and requirements for testing standards to be used in South Dakota; and (2) Required compliance with standa…

The division shall verify working standards at least once each five years and the field standards at least once each year. The working standards shall be verified by direct comparison with state reference standards, and the field standards by comparison with the working standards…

The working standards shall be used in making all comparisons of weights and measures and weighing and measuring devices submitted for testing in the department. Source: SDC 1939, § 63.0201; SL 1982, ch 278 , § 4; SL 2004, ch 17 , § 243; SL 2006, ch 187 , § 7; SL 2016, ch 183 , §…

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