Title 37 — TRADE REGULATION

Source: SL 1980, ch 259 , § 10.

It shall be the special duty of the state's attorney, upon the affidavit of any person showing that any person has violated any provision of this chapter, or without such affidavit, when he has reason to believe that any provision of this chapter has been or is being violated, to…

The provisions of § 37-1-10 shall not be construed in any manner to prevent the attorney general of this state from making a complaint in any court of competent jurisdiction for any violation of the provisions of this chapter and prosecuting the same in the same manner and with t…

If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, he may serve upon the person, before bringing any ac…

If a person objects to or otherwise fails to comply with the written demand served upon him under § 37-1-11.1 the attorney general may file in the circuit court of the county in which the person resides or in which he maintains a principal place of business within this state peti…

Any procedure, testimony taken, or material produced under §§ 37-1-11.1 and 37-1-11.2 shall be kept confidential by the attorney general before bringing an action, and during the action, against a person under this chapter for the violation under investigation, unless confidentia…

If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under § 37-1-11.1 on the ground of the privilege against self - incrimination, the testimony, answer to interrogatory or production of d…

An action for violation of this chapter shall be commenced in circuit court in Hughes County, or in the county where the person alleged to have violated this chapter has its principal place of business, or does business, or in any county where any violation has allegedly occurred…

The attorney general, or a state's attorney with the permission or at the request of the attorney general, may bring an action for appropriate injunctive or other equitable relief and civil penalties in the name of the state for a violation of this chapter. The court may assess f…

The state, a political subdivision, or any public agency injured in its business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, taxable costs and reasonable at…

An action under § 37-1-14.2 to recover a civil penalty is barred if it is not commenced within four years after the claim for relief accrues. An action under § 37-1-14.3 to recover damages is barred if it is not commenced within four years after the claim for relief accrues, or w…

A final judgment or decree determining that a person has violated this chapter in an action brought by the state under § 37-1-14.2 or 37-1-14.3 , other than a consent judgment or decree entered before any testimony has been taken, is prima facie evidence in any other action again…

Any person, officer, or agent in the service or employment of any corporation, limited liability company, partnership, or association of persons, who neglects or refuses to make returns, attend, and testify or answer any lawful requirement provided for in this chapter, or produce…

The remedies provided for in this chapter shall be construed as cumulative and not exclusive. Source: SDC 1939, § 13.1811. 37-1-21. Repealed by SL 1977, ch 305 , § 16

It is the intent of the Legislature that in construing this chapter, the courts may use as a guide interpretations given by the federal or state courts to comparable antitrust statutes. Source: SL 1977, ch 305 , § 13.

The attorney general may bring a civil action in the name of the state, as parens patriae on behalf of the natural persons residing in the state, in circuit court, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property…

The court shall award the state as monetary relief threefold the total damage sustained as described in §§ 37-1-23 and 37-1-25 and the cost of the suit, including reasonable attorney's fees. Source: SL 1980, ch 259 , § 4.

The court shall exclude from the amount of monetary relief awarded for such action any amount of monetary relief which duplicates amounts which have been awarded for the same injury, or which is properly allocable to natural persons who have excluded their claims pursuant to § 37…

In an action pursuant to §§ 37-1-23 to 37-1-32 , inclusive, where there has been a determination that a defendant agreed to fix prices, damages may be proved and assessed in the aggregate by statistical or sample in methods, by the pro rata allocation of illegal overcharges or of…

In any action brought under §§ 37-1-23 to 37-1-32 , inclusive, the attorney general shall, at such times, in such manner, and with such content as the court may direct cause notice thereof to be given by publication. If the court finds that notice given solely by publication woul…

Any person on whose behalf an action is brought pursuant to § 37-1-23 may elect to exclude from adjudication the portion of the state claim for monetary relief attributable to him by filing notice of such election with the court within such time as specified in the notice given p…

The final judgment in an action pursuant to § 37-1-23 shall be res judicata as to any claim under this section by any person on behalf of whom such action was brought and who fails to give such notice within the period specified in the notice given pursuant to §

Any person violating any of the provisions of § 37-1-3.1 or 37-1-3.2 is guilty of a Class 6 felony. Source: SL 1977, ch 305 , § 3.

Labor of a human being shall not be considered a commodity or an article of commerce. Nothing in this chapter shall be construed to forbid the existence and operation of any labor, agricultural, or horticultural organization instituted for the purpose of mutual help, while lawful…

The provision of gas, electric, and noncompetitive and emerging competitive telecommunications services by public utilities pursuant to tariffs or schedules approved by the South Dakota Public Utilities Commission, or pursuant to any other federal or state regulatory authority, d…

An action pursuant to §§ 37-1-23 to 37-1-32 , inclusive, shall not be dismissed or compromised without approval of the court, and notice of any proposed dismissal or compromise shall be given in such manner as the court directs. Source: SL 1980, ch 259 , § 8.

Monetary relief recovered by the attorney general pursuant to § 37-1-23 to 37-1-32 , inclusive, shall be distributed in such manner as the court in its discretion may authorize, or be deemed a civil penalty by the court and deposited in the antitrust special revenue fund pursuant…

The powers granted in §§ 37-1-23 to 37-1-32 , inclusive, are in addition to and not in derogation of the common law powers of the attorney general to act in parens patriae. Source: SL 1980, ch 259 , § 11.

No provision of this chapter may deny any person who is injured directly or indirectly in his business or property by a violation of this chapter the right to sue for and obtain any relief afforded under §

Any person doing business in this state, and engaged in the production, manufacture, or distribution of any commodity in general use, who intentionally, for the purpose of destroying the competition of any regular established dealer in such commodity or to prevent the competition…

Any person doing business in this state and engaged in the production, manufacture, or purchase of any commodity or product in general use, who, with intent and for the purpose of destroying competition by any regular established dealer in such commodity or product, shall discrim…

Notwithstanding § 37-1-5 , any person or corporation buying commodities described therein in more than one section, community, locality, or first or second class municipality, may raise prices in any given section, community, locality, or municipality to but not above the prices …

Any person violating the statutes against discrimination in buying or selling is guilty of a Class 6 felony. Source: SDC 1939, § 13.1805; SL 1977, ch 190 , § 209; SL 1977, ch 305 , § 14.

Every person who intentionally makes or publishes any false statement, spreads any false rumor, or employs any false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a Class 6 felony. Source: SDC 1939, § 13.1806; SL 1977,…

Source: SL 1980, ch 261 . 37-2-27, 37-2-28. Repealed by SL 1993, ch 298 , §§ 3, 4

Any person, firm, company, association, or corporation, foreign or domestic, engaged in the business of selling gasoline, kerosene or liquefied petroleum gases within the state that shall intentionally, for the purpose of creating a monopoly, or of destroying the business of a re…

No person shall fill any order for a lubricating oil or gasoline designated by a trade - mark or distinctive trade name for an automobile or other internal combustion engine with a substitute oil or gasoline. Source: SDC 1939, § 22.1601; SDCL, § 39-21-19; SL 1977, ch 190 , § 432.

No person may display any sign, label, or other designating mark which describes any lubricating oil or gasoline for internal combustion engines not actually sold or offered for sale or delivered at the location at which the sign, label, or other designating mark is displayed. No…

No person shall sell or keep and offer for sale any gasoline or other motor fuel which does not conform as to color and antiknock characteristics contained in the rules and regulations adopted under the authority of §

Each retail dealer of gasoline or gasoline-oxygenate blends shall post the antiknock index in accordance with applicable regulations, contained in 16 CFR Part 306, issued pursuant to the Petroleum Marketing Act, as amended through January 1, 2009. The antiknock index (AKI) may no…

37-2-15 Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler. 37-2-16 Violation as misdemeanor. 37-2-17 Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier. 37-2-18 Acting as agent of anot…

If any wholesale dealer in petroleum products subject to inspection under the terms of §§ 37-2-5 to 37-2-24 , inclusive, shall sell or deliver to any retail dealer any such product, within this state, which upon the test prescribed by those sections does not meet the required sta…

A violation of any provision in §§ 37-2-5 to 37-2-25 , inclusive, and §§ 37-2-30 , 37-2-31 , and 37-2-33 is a Class 1 misdemeanor. Source: SDC 1939, § 22.9922; SDCL § 39-21-25; SL 1977, ch 190 , § 436; SL 2000, ch 200 , § 4; SL 2001, ch 211 , § 3; SL 2013, ch 186 , § 1.

No retail dealer shall be prosecuted under the provisions of §§ 37-2-5 to 37-2-24 , inclusive, so far as they relate to the labeling and quality of any petroleum product if he can establish a guaranty, signed by the wholesaler, jobber, manufacturer, or other person from whom he p…

No person who shall commit or assist in committing any offense defined in §§ 37-2-5 to 37-2-24 , inclusive, shall be exempt from conviction and punishment therefor for the reason that he acted as the agent, employee, or representative of another. Source: SDC 1939, § 22.1506 (2); …

The secretary of public safety shall be ex officio inspector of petroleum products. Neither the secretary nor any subordinate shall traffic directly or indirectly in any product subject to inspection under the provisions of this chapter. Source: SDC 1939, § 22.1501; SL 1939, ch 9…

Any person, firm, company, association, or corporation selling gasoline, kerosene or liquefied petroleum gases in more than one section, community, or municipality, may lower prices in any given section, community, or municipality, to but not below the prices for which others are…

The inspector may at any time, in his discretion, without fee, reinspect any of the petroleum products subject to inspection under §§ 37-2-5 to 37-2-24 , inclusive, and if upon such reinspection, any of such petroleum products shall fail to meet the requirements set forth in thos…

Whenever the words, inspector of petroleum products, or, inspector, appear throughout §§ 37-2-5 to 37-2-24 , inclusive, they mean the secretary of public safety and any of the secretary's duly appointed and acting deputies, agents, assistants, or employees, engaged in administeri…

The inspector shall have authority to collect samples of petroleum products including those used for lubrication, and shall have authority to inspect and analyze and submit same to trial tests and publish results of such investigation for the benefit of the public and users there…