Title 37 — TRADE REGULATION

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…

Terms as used in this chapter mean: (1) "Department," the Department of Public Safety; (2) "Placed in service report," a report submitted to the Office of Weights and Measures by a registered service agent or agency, certifying that the subject device meets the applicable state r…

The secretary may enter into an informal reciprocal agreement with any other state that has registration policies similar to the policies of South Dakota. Under the agreement, a registered service agent or a registered service agency of a state party to the reciprocal agreement i…

The secretary of the Department of Public Safety shall promulgate rules pursuant to chapter 1-26 in the following areas to enforce the provisions of this chapter: (1) To establish the required equipment and standards registered service agencies must have in order to service and i…

Any person may apply for voluntary registration to service weighing or measuring devices on an application form supplied by the department. The applicant shall submit a form, duly signed and witnessed, certifying that the applicant is fully qualified to install, service, repair, …

The secretary shall charge an annual registration fee of sixty-nine dollars for each service agency and ten dollars for each registered service agent to cover administrative costs. The fee shall be paid when the registration or renewal application is made. It is the intent of the…

Upon receipt and acceptance of a properly executed application form, the secretary shall issue to the applicant a certificate of registration, including an assigned registration number. The certificate of registration remains effective until either returned by the applicant or wi…

A bearer of a certificate of registration may: (1) Remove an official rejection or condemnation tag or mark placed on a weighing or measuring device by the authority of the department; (2) Place in service, until such time as an official examination can be made, a weighing or mea…

The director shall furnish each registered service agent and registered service agency with a supply of report forms in hard copy or electronic form to be known as a placed in service report, which may be submitted as follows: (1) To submit a form in hard copy, the form shall be …

A registered service agent and a registered service agency shall submit, annually to the secretary, for examination and certification, any standards and testing equipment that are used, or are to be used, in the performance of the service and testing functions with respect to wei…

The secretary may, for good cause, after careful investigation and consideration, deny, suspend, or revoke a certificate of registration. Good cause may include any violation of a weights and measures statute, failure to submit annual calibration documentation for all weighing an…

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 …

37-22-1.2 Definitions. 37-22-2

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. 37-22-2. Repealed by SL 1986, ch 22 , § 12

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…

37-22-13 Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting, and use of scales. 37-22-14

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…

Repealed by SL 1992, ch 277 , § 7 37-22-15

37-22-17 Prohibited acts--Misdemeanor. 37-22-18 Variance from rules or specifications governing scale--Promulgation of rules.

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…

37-22-4 Department jurisdiction exclusive. 37-22-5 Appointment of inspectors. 37-22-6

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

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.…

37-22-7 Department facilities and equipment. 37-22-8

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 …

37-22-9 Entry on premises and testing of scales. 37-22-10 Inspection and testing fees. 37-22-11

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…

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 , § 61.

All vehicle scales used in commercial trade shall be equipped with a type-registering weighbeam or a dial with a mechanical ticket printer, or a similar device capable of printing or stamping the weight values on scale tickets. Source: SL 1970, ch 221 , § 1; SDCL §

The provisions of this chapter shall not apply to any vehicle scale used in commercial trade prior to July 1, 1970. Source: SL 1970, ch 221 , § 5.

Each scale ticket issued by vehicle scales used in commercial trade shall show the name of the agency performing the weighing service, the date of the weighing, the number of the scale or other information identifying the scale upon which the weighing is performed, the name of th…

In case of error of the weighmaster in preparing a scale ticket, the weighmaster shall prepare a corrected ticket showing the correction made and stating on the back of the ticket the reason for the change. If an error in the preparation of the ticket, other than the weight, due …

The provisions of chapter 37-22 , relating to heavy scales and defining the duties and powers of the department apply to and govern the administration and enforcement of this chapter. Source: SL 1970, ch 221 , § 4; SL 2004, ch 17 , § 276; SL 2016, ch 183 , § 56.

The attorney general shall, in addition to other powers and duties vested in him by this or any other law: (1) Receive and forward to appropriate agencies of the state for final processing and determination of complaints from any citizen of South Dakota relating to consumer affai…

All departments, officers, agencies, and employees of the State of South Dakota shall cooperate with the attorney general in carrying out his functions under this chapter. Source: SL 1969, ch 226 , § 4; SL 1987, ch 29 , § 45.

The attorney general of the State of South Dakota is hereby authorized to file injunctive procedures in any cases dealing with the protection of the consumer. Source: SL 1969, ch 226 , § 6.

Source: SL 1971, ch 218 , § 11; SL 1983, ch 277 , § 1; SL 1985, ch 196 , § 4; SL 1986, ch 27 , § 44.

Terms used in this chapter mean: (1) "Advertisement," the attempt by publication, dissemination, solicitation, or circulation, whether oral, visual, written, or otherwise, and whether in person, by telephone, or by any other means, to induce directly or indirectly any person to e…

Nothing in this chapter applies to acts or practices required or permitted by or in accord with laws of this state or the United States or under rules, regulations, sub-regulatory policy, or decisions interpreting the same. Source: SL 1971, ch 218 , § 4 (a) (2); SL 2014, ch 191 ,…

Nothing in this chapter shall apply to publishers, broadcasters, printers, or other persons in so far as an unlawful act or practice as defined in § 37-24-6 involves information that has been disseminated or reproduced on behalf of others without knowledge that it is an unlawful …

If the attorney general has reason to believe that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by § 37-24-6 or has entered into a contract with a provision that is void and unenforceable under § 53-9-13 , and he be…

At any time before the return date specified in an investigative demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the circui…

To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred on him by this chapter, may issue subpoenas to any person, conduct hearings in aid of any investigation or inquiry, prescribe such form…

If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under § 37-24-12 on the ground of the privilege against self - incrimination, the testimony, answer to interrogatories or production of …

Service of any notice, demand, or subpoena under this chapter shall be personally served within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner: (1) Personal service thereof without the state; or (2) The mailing thereof…