Title 37, TRADE REGULATION

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…

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…

Every chamber of commerce, board of trade or exchange maintaining or operating a regular place of business or trading room for members only, in which the members buy, sell, or exchange grain, livestock, or other farm products for themselves or for others, is hereby declared to be…

Every market described in § 37-4-1 , whether heretofore or hereafter organized, shall be open to membership, with equal rights and privileges with all other members, to any person, firm, company, corporation, or association desiring to deal in or trade in the commodity or commodi…

All members of a public market subject to this chapter shall be required to comply with all reasonable rules, regulations, and bylaws of such organization, which may include the payment of a membership fee and reasonable assessments equally applicable to all members. Source: SDC …

Any rule, regulation, or bylaw of a public market subject to this chapter which shall be designated or construed as controlling, limiting, or modifying the articles of incorporation, constitution, or bylaws of any association, company, or corporation in the distribution of its pr…

It is a Class 1 misdemeanor for any chamber of commerce, board of trade or exchange to adopt any rule, regulation, bylaw, or order, or to make any order in violation of the provisions of this chapter or to refuse or unreasonably delay the admission of any applicant to full and eq…

Terms used in this chapter mean: (1) "Agricultural commodity," any material produced for use as food, feed, seed, or fiber and includes fiber crops, food crops, oilseeds, seeds, livestock, livestock products, poultry, poultry products, and other farm products. The term, agricultu…

Any contract for an agricultural commodity, of more than one year duration, between a contractor and a producer shall contain language attempting to provide for resolution of contract disputes by mediation. Either party to a contract may initiate mediation services, as specified …

Any mediation or litigation to resolve a contract dispute shall apply the substantive contract law of the State of South Dakota. Source: SL 1997, ch 277 , § 3.

There is an implied promise of good faith as defined in subdivision 57A-1-201(19), by all parties to any agricultural contract. In any action to recover damages, if the court or a jury finds that there has been a violation of this provision, in addition to other damages authorize…

It is a Class 1 misdemeanor for any manufacturer, factory, branch, distributor, or distributor - branch, or any field representative, officer, agent, or representative of any of them to coerce or attempt to coerce any dealer to purchase or accept delivery of any merchandise, repa…

For the purposes of §§ 37-5-5 and 37-5-9 , the term, current unused complete farm implements, machinery, and attachments, means any unused complete farm implement, machinery, or attachment which is less than two years old as determined by the date of invoice. Source: SL 1991, ch …

Any provision in any agreement evidenced by a franchise agreement, sales agreement, security agreement, or other form of agreement or arrangement of like effect between any wholesaler, manufacturer, distributor of farm machinery or implements, or distributor of industrial or cons…

Any condition, stipulation, or provision in any agreement evidenced by a franchise agreement, sales agreement, security agreement, or other form of agreement or arrangement of like effect, purporting to waive compliance with any provision of this chapter, or other provision of st…

For the purposes of §§ 37-5-1 to 37-5-12 , inclusive, the term, dealer, means any person, or the person's successor who, for commission or with intent to make a profit or gain, sells, exchanges, rents, leases with the option to purchase, or offers or attempts to negotiate a sale …

For the purposes of §§ 37-5-1 to 37-5-12 , inclusive, the term, merchandise, means: (1) Automobiles, trucks, motorcycles, motor homes or travel trailers of the type and kind required to be titled and registered pursuant to chapters 32-3 and 32-5 , and accessories; (2) Farm tracto…

For the purposes of §§ 37-5-1 to 37-5-12 , inclusive, the term, contract, means any written franchised agreement, sales agreement, dealer agreement, or security agreement, or other form of agreement or arrangement of like effect and its successor. Source: SL 2004, ch 254 , § 3.

Any manufacturer or supplier of merchandise as defined in subdivision 37-5-12.2 (5), (8), or (9) that authorizes a dealer of such merchandise to perform the warranty work is obligated to provide that dealer reasonable compensation for diagnostic work, as well as repair service, p…

Terms used in §§ 37-5-13 to 37-5-15 , inclusive, mean: (1) "Dealer," any person who receives machinery from a manufacturer under a dealership contract and who offers and sells the machinery to the general public from manufacturer authorized facilities in this state. The term, dea…

The following circumstances are not cause for the termination or discontinuance of a dealership contract, nor for entering into a dealership contract for the establishment of an additional dealership in a community for the same line - make: (1) The change of executive management …

No manufacturer may require a dealer to agree to the inclusion of a term or condition in a dealership contract, or in any lease or agreement ancillary or collateral to a dealership contract, as a condition to the offer, grant, or renewal of such dealership contract, lease, or agr…

Terms used in §§ 37-5-16 to 37-5-18 , inclusive, shall only be used for the purposes of §§ 37-5-16 to 37-5-18 , inclusive, and mean: (1) "Retailer of outdoor power equipment," a business that purchases outdoor power equipment for resale including: light industrial lawn and garden…

Any manufacturer of outdoor power equipment that authorizes the retailer of outdoor power equipment selling such equipment to perform the warranty work shall include reasonable compensation for diagnostic work, as well as repair service, parts, and labor to the retailer. Time all…

The provisions of §§ 37-5-16 and 37-5-17 do not apply if the manufacturer's only method of sales is a contract with the retailer that provides for an exclusive trade territory and requires the retailer to make warranty repairs on such equipment. Source: SL 2004, ch 255 , § 3.