S.D. Codified Laws § 37-24-1 — SD Code / Title 37 / Chapter 24 / Section 37-24-1
Definition of terms
Status: in_force

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 enter into any obligation or to acquire any title or interest in any merchandise;

(2) "Business day," any calendar day except Sunday, or the following holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Native American Day, Veterans' Day, Thanksgiving Day, and Christmas Day;

(3) Repealed by SL 2014, ch 191, § 2.

(4) "Documentary material," the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, other tangible document or recording, reproductions of information stored magnetically, file lay-out, code conversion tables, computer programs to convert file to readable print-out, wherever situate;

(5) "Examination" of documentary material, the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material or copy thereof;

(6) "Goods or services," goods or services purchased, leased, or rented, including courses of instruction or training regardless of the purpose for which they are taken;

(7) "Merchandise," any object, wares, goods, commodity, intangible, instruction, or service;

(7A) "Organized retail crime," the theft of retail merchandise from a retail seller with the intent or purpose of reselling, distributing, or otherwise reentering the retail merchandise in commerce, including the transfer of the stolen retail merchandise to another retail seller or to any other person personally, through the mail, or through any electronic medium, including the internet, in exchange for anything of value;

(8) "Person," a natural person or his legal representative, a partnership, a limited liability company (domestic or foreign), a corporation (domestic or foreign), a trust, an incorporated or unincorporated association, and any other legal entity;

(9) "Place of business," the main or permanent branch office or local address of a seller;

(10) "Price comparison," the comparison, whether or not expressed wholly or in part in dollars, cents, fractions or percentages, in any advertisement, of a seller's current price for consumer property or services with any other price or statement of value for such property or services, whether or not such prices are actually stated in the advertisement; or, the making of price reduction claims or savings claims with respect to the seller's current price. The term includes, but is not limited to, such comparisons as "50% off," "Up to 70% off," "Save 1/3," "Half-price sale," "30% to 70% off," "Was $20, now half price," "Guaranteed Lowest Prices," "$10 value, now $8," "Was $7, now $6," "List Price $50, Our Price $29," "Clearance Price," or "Liquidation Price";

(11) "Purchase price," the total price paid or to be paid for the goods or services, including all interest and service charges;

(11A) "Retail merchandise," any article, product, commodity, item, or component intended to be sold in retail commerce;

(11B) "Retail seller," any person that is in the business of selling retail merchandise at retail;

(12) "Seller," any person, partnership, corporation, or association engaged in the door to door sale of goods or services;

(13) "Trade" and "commerce," the advertising, offering for sale, attempting to sell, selling, or distributing of any services, or any property, tangible or intangible, personal, or mixed, or of any other article, commodity, or thing of value wherever situate, for cash, exchange of goods or services, or on credit, and shall include any trade or commerce directly or indirectly affecting the people of this state;

(14) "Unordered," delivery of consumer property or services without prior expressed request or consent from the person receiving the consumer property or services, but not including consumer property sent or services performed by mistake, offered in good faith in substitution for property or services by prior expressed request or consent, or a bona fide gift. Unordered consumer property or services do not include consumer property or services sent pursuant to an agreement which is in compliance with the federal trade commission rule on use of negative option plans by sellers in commerce as outlined in 16 C.F.R., section 425, as in effect on January 1, 1992.

Source: SL 1971, ch 218, § 1; SL 1975, ch 244, §§ 2 to 6; SL 1984, ch 258, § 1; SL 1987, ch 281, § 1; SL 1992, ch 278, § 2; SL 1994, ch 351, § 88; SL 2014, ch 191, § 2; SL 2019, ch 177, § 1.
S.D. Codified Laws § 37-24-43 — SD Code / Title 37 / Chapter 24 / Section 37-24-43
Internet access service provider policy restricting e-mail permitted
Status: in_force

Nothing in §§ 37-24-41 to 37-24-48 , inclusive, may be construed to limit or restrict the adoption, implementation, or enforcement by a provider of internet access service of a policy of declining to transmit, receive, route, relay, handle, or store certain types of electronic mail messages.

Source: SL 2007, ch 226, § 3.
S.D. Codified Laws § 37-24-23 — SD Code / Title 37 / Chapter 24 / Section 37-24-23
Attorney general's action for injunction--Notice--Attorney fees
Status: in_force

If the attorney general has reason to believe that any person is using, has used, or is about to use any act or practice declared to be unlawful by § 37-24-6 and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against the person to restrain by temporary or permanent injunction the use of the act or practice, upon the giving of appropriate notice to that person. The notice shall state generally the relief sought and be served in accordance with § 37-24-16 and at least three days before any hearing in the action. The attorney general, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.

Source: SL 1971, ch 218, § 5; SL 1978, ch 155, § 22; SL 2014, ch 191, § 3.
S.D. Codified Laws § 37-2-26 — SD Code / Title 37 / Chapter 2 / Section 37-2-26
Substantially disabled may buy attendant-dispensed gasoline at self-service price
Status: in_force

A gasoline service station which offers both full service and self - service gasoline dispensing operations shall provide an attendant to dispense gasoline at the self - service price into vehicles bearing a handicapped license plate issued pursuant to § 32-5-76 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1980, ch 261.
S.D. Codified Laws § 37-2-40 — SD Code / Title 37 / Chapter 2 / Section 37-2-40
Documentation accompanying deliveries other than retail sale
Status: in_force

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 name of the product, the particular grade of the product, the applicable automotive fuel rating, and oxygenate type and content (if applicable), the name and address of the seller and buyer, and the date and time of the sale. Documentation shall be retained at the retail establishment for a period of not less than one year.

Source: SL 2013, ch 187, § 2, eff. Mar. 6, 2013.
S.D. Codified Laws § 37-5B-5 — SD Code / Title 37 / Chapter 5B / Section 37-5B-5
Notice filing provisions
Status: in_force

An initial application for the notice filing of a franchise shall be made by filing with the director of the Division of Insurance a franchise notice filing application and one clean copy of the disclosure document and consent to service of process, accompanied by a fee of two hundred fifty dollars.

If after considering identified conditions and events and management's plans, the auditor concludes that there is substantial doubt about the franchisor's ability to continue as a going concern for a reasonable period of time, the director shall be notified by separate letter as to the going concern issue with the notice filing application.

After a notice filing becomes effective, the applicant has a continuing obligation to notify the director of a going concern within fifteen days after the auditor concludes there is a going concern.

Except as otherwise provided in this section, if no order or injunction pursuant to § 37-5B-41 or 37-5B-48 is in effect, and the filing is complete as required by this section, a notice filing is effective upon receipt by the director.

If the director requires the submission of additional information pursuant to § 37-5B-6 or 37-5B-36 , and if no order or injunction pursuant to § 37-5B-41 or 37-5B-48 is in effect, the notice filing becomes effective on the fifteenth business day after the additional information is filed with and approved by the director, or at such earlier time as the director determines, unless the applicant requests postponement of the effectiveness of the notice filing. Business day means any day on which state offices are open for regular business.

The notice filing of a franchise under this chapter expires one year following the date of receipt of the initial application, unless the director prescribes a different period by rule or order. A notice filing may be renewed for one year or a shorter period if designated by the director by filing an application to renew in the same manner as set forth in this section, except that the renewal fee is one hundred fifty dollars. Any filing received after the expiration date shall be treated as an initial filing subject to a filing fee of two hundred fifty dollars.

An applicant may withdraw a notice filing if the applicant files a written request for withdrawal with the director. Withdrawal is effective fifteen days from the day on which the withdrawal request is filed unless a shorter period is designated by the director.

The director may by rule or order construe any public offering, disclosure document, or similar statement which complies with the requirements of any federal law or administrative rule or with the law of any other state requiring substantially the same disclosure of information as is required by this chapter to be in full or partial compliance with this section.

The director may by rule or order provide that any information required in the disclosure document need not be included by any class of franchisors if the director finds that the information is inappropriate to the class and that disclosure adequate for the protection of prospective franchisees is otherwise included within the disclosure document.

The director may accept any disclosure document or other document filed with the director in an electronic format that is readily accessible by the Division of Insurance's then existing electronic systems and in a format that can be downloaded, printed, or otherwise maintained as a record for future reference. If the director accepts electronic filings, the director shall publish a notice on the division's website stating the acceptance of electronic filing and the electronic format to be used.

If the franchisor is unable to demonstrate to the director the franchisor's financial ability to fulfill its initial obligations to franchisees, the director may require an escrow of funds paid by the franchisee to the franchisor or its affiliate until the franchisor performs its initial obligations and the franchisee has commenced operations. The director may allow alternatives to escrow depending upon the various facts presented on a case by case basis.

Source: SL 2008, ch 203, § 5; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-32-10 — SD Code / Title 37 / Chapter 32 / Section 37-32-10
Prize unavailable
Status: in_force

A solicitor who represents to an individual in a written prize notice that the individual has won or will receive a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the following items selected by the individual:

(1) Any other prize listed in the written prize notice that is available and that is of equal or greater value;

(2) The verifiable retail value of the prize in the form of cash, a money order, or a certified check; or

(3) A voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the individual within thirty days at no cost to the individual.

If a voucher, certificate, or other evidence of obligation delivered pursuant to subdivision (3) is not honored within thirty days, the solicitor shall deliver the verifiable retail value of the prize in the form of cash, a money order, or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so.

Source: SL 1997, ch 223, § 10.
S.D. Codified Laws § 37-33-9 — SD Code / Title 37 / Chapter 33 / Section 37-33-9
Attorney general may proceed against pyramid promotional schemes
Status: in_force

The provisions of §§ 37-33-1 to 37-33-11 , inclusive, do not preclude, preempt, or prohibit the attorney general from proceeding against any plan or scheme or any person involved with such plan or scheme under any other provision of law.

Source: SL 2003, ch 213, § 9.
S.D. Codified Laws § 37-6-8 — SD Code / Title 37 / Chapter 6 / Section 37-6-8
Mark using or simulating flags or governmental insignia not registrable
Status: in_force

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof.

Source: SL 1955, ch 232, § 2; SDC Supp 1960, § 51.0902 (3); SL 1980, ch 264, § 6.
S.D. Codified Laws § 37-10-12 — SD Code / Title 37 / Chapter 10 / Section 37-10-12
Cost survey as evidence of cost to retailer or wholesaler
Status: in_force

Where a cost survey, pursuant to recognized statistical and cost accounting practices, has been made for the trading area in which the offense is committed, to establish the lowest cost to the retailer and the lowest cost to the wholesaler, such cost survey shall be deemed competent evidence to be used in proving the cost to the person complained against within the provisions of this chapter.

Source: SL 1966, ch 157, § 13.
S.D. Codified Laws § 37-5B-37 — SD Code / Title 37 / Chapter 5B / Section 37-5B-37
Subpoena powers
Status: in_force

For the purpose of any investigation or proceeding under this chapter, the director or any person designated by the director may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the inquiry.

Any order of the director shall be served by mailing a copy thereof by certified mail to the most recent address of the recipient of the order as it appears in the files of the director. Any subpoena shall be served in the same manner as provided in civil actions in circuit court.

No provision of this chapter either creates any privilege or derogates from any privilege which exists at common law or otherwise, if documentary or other evidence is sought under a subpoena directed to the director or any of the director's officers or employees.

If any person refuses to obey a subpoena, the circuit court, upon application by the director, may issue an order directing the person to appear before the director, or the officer designated by the director, to produce documentary evidence if so ordered, or to give evidence on the matter under investigation or in question. Failure to obey the order of the court is punishable by the court as a contempt of court.

Source: SL 2008, ch 203, § 37.
S.D. Codified Laws § 37-1-11.2 — SD Code / Title 37 / Chapter 1 / Section 37-1-11.2
Petition for enforcement of attorney general's demand--Court order--Protective provisions
Status: in_force

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 petition for an order to enforce the demand. Notice of hearing the petition and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds that the demand is proper, there is reasonable cause to believe there may have been a violation of this chapter, and the information sought or document or object demanded is relevant to the violation, it shall order the person to comply with the demand subject to modification the court may prescribe. Upon motion by the person and for good cause shown, the court may make any further order in the proceedings that justice requires to protect the person from unreasonable annoyance, embarrassment, oppression, burden, or expense.

Source: SL 1977, ch 305, § 7.
S.D. Codified Laws § 37-36-1 — SD Code / Title 37 / Chapter 36 / Section 37-36-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Demand letter," any letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement;

(2) "Target," any person:

(a) Who receives a demand letter or against whom an assertion or allegation of patent infringement is made;

(b) Who is threatened with litigation or against whom a lawsuit is filed alleging patent infringement; or

(c) Whose customer receives a demand letter asserting that the person's product, service, or technology infringes a patent.

Source: SL 2014, ch 192, § 1.
S.D. Codified Laws § 37-1-29 — SD Code / Title 37 / Chapter 1 / Section 37-1-29
Judgment as res judicata
Status: in_force

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 § 37-1-27 .

Source: SL 1980, ch 259, § 7.
S.D. Codified Laws § 37-20-34 — SD Code / Title 37 / Chapter 20 / Section 37-20-34
Promulgation of rules
Status: in_force

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 standards issued by the National Institute of Standards and Technology in effect on January 1, 2020.

Source: SL 2006, ch 187, § 8; SL 2016, ch 183, § 19; SL 2020, ch 170, § 8.
S.D. Codified Laws § 37-6-29 — SD Code / Title 37 / Chapter 6 / Section 37-6-29
Use or possession of marked and registered container prima facie unlawful--Search warrant
Status: in_force

The use by any person other than the rightful owner, without such owner's consent, of any container, or the possession thereof by any junk dealer or dealer in any such container, the same being marked or stamped and registered as required in § 37-6-28 , shall be prima facie evidence that such use, sale, or possession is unlawful, and a search warrant may be procured for the discovery and seizure thereof.

Source: SDC 1939, § 51.1001.
S.D. Codified Laws § 37-24-42 — SD Code / Title 37 / Chapter 24 / Section 37-24-42
Unsolicited commercial e-mail advertisements restricted
Status: in_force

No person or entity may do any of the following unless the subject line complies with the requirements set forth in subdivision 37-24-6(13):

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from South Dakota or advertise in an unsolicited commercial e-mail advertisement sent from South Dakota; or

(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a South Dakota electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a South Dakota electronic mail address.

Source: SL 2007, ch 226, § 2.
S.D. Codified Laws § 37-5B-39 — SD Code / Title 37 / Chapter 5B / Section 37-5B-39
Unauthorized use of information--Misdemeanor
Status: in_force

It is a Class 2 misdemeanor for the director or any of the director's officers or employees to use for personal benefit any information which is filed with or obtained by the director and which is not generally available to the public. Nothing in this chapter authorizes the director or any of the director's officers or employees to disclose any confidential information except among themselves or to other administrators or regulatory authorities or if necessary or appropriate in a proceeding or investigation under this chapter.

Source: SL 2008, ch 203, § 39.
S.D. Codified Laws § 37-32-6 — SD Code / Title 37 / Chapter 32 / Section 37-32-6
Location and size of information in notice
Status: in_force

The information required in a written prize notice under subdivision 37-32-3(4) shall be on the first page of the written prize notice in not less than 12-point boldface type. The information required by subdivisions 37-32-3(6), (7), and (8) may not be in less than 12-point boldface type.

Source: SL 1997, ch 223, § 6.
S.D. Codified Laws § 37-2-15 — SD Code / Title 37 / Chapter 2 / Section 37-2-15
Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler
Status: in_force

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 standard, such wholesale dealer shall not have a cause of action against the retail dealer for the purchase price thereof, and in case the same has already been paid such purchase price may be recovered by the retail dealer, and in addition to the usual costs allowed in civil actions the plaintiff may recover an attorney fee of twenty - five dollars.

Source: SDC 1939, § 22.1515; SDCL, § 39-21-24.
S.D. Codified Laws § 37-2-17 — SD Code / Title 37 / Chapter 2 / Section 37-2-17
Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier
Status: in_force

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 purchased such product, to the effect that the product and the barrels, casks, or other containers in which the same was purchased and all brands, stencils, or other forms of labels on the same were in full compliance with the provisions of those sections as to tests, quality, and labeling, unless he shall have knowledge or notice of the falsity of such guaranty, and unless he shall, after receiving such product, efface or change in any manner the brands, stencils, or other labels of such barrels, casks, or other containers or shall dilute, mix, manipulate, or change in any manner such product, but the person making such guaranty shall be subject to the fines and penalties which otherwise would attach to such dealer. Such guaranty to afford protection shall contain the name and post - office address of the person making the sale of such products.

Source: SDC 1939, § 22.1518; SDCL, § 39-21-26.
S.D. Codified Laws § 37-5-5 — SD Code / Title 37 / Chapter 5 / Section 37-5-5
Cancellation of contract--Recovery of costs and charges by dealer--Transfer of title and possession
Status: in_force

If any dealer enters into a written contract; if the dealer maintains a stock of merchandise or repair parts for the merchandise with any wholesaler, manufacturer, or distributor; and if either the wholesaler, manufacturer, or distributor, or their successors, or the dealer, desires to cancel or discontinue the contract; the wholesaler, manufacturer, or distributor, or successor, shall pay to the dealer, unless the dealer should desire to keep the merchandise, a sum equal to one hundred percent of the net cost of all current unused complete merchandise, including transportation and reasonable assembly charges which have been paid by the dealer and ninety - five percent of the current net prices on repair parts, including superseded parts, listed in a current price list or catalog which parts had previously been purchased from the wholesaler, manufacturer, or distributor, or predecessor, and held by the dealer on the date of the cancellation or discontinuance of the contract. The wholesaler, manufacturer, or distributor, or successor, shall also pay the dealer a sum equal to five percent of the current net price of all parts returned for the handling, packing, and loading of the parts back to the wholesaler, manufacturer, or distributor and pay any freight charges that were paid by the dealer. Upon the payment of the sum required by this section, the title to any merchandise or repair parts for the merchandise shall pass to the manufacturer, wholesaler, or distributor making the payment, and the manufacturer, wholesaler, or distributor, is entitled to the possession of the merchandise or the repair parts for the merchandise.

Source: SL 1969, ch 206, § 1; SL 1970, ch 219, § 4; SL 1975, ch 241; SL 1989, ch 336, § 1; SL 1995, ch 228, § 4; SL 2000, ch 201, § 1; SL 2001, ch 212, § 1; SL 2004, ch 254, § 7.
S.D. Codified Laws § 37-17-2 — SD Code / Title 37 / Chapter 17 / Section 37-17-2
Manufacturer or importer permitted to renumber farm machinery or parts
Status: in_force

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 replacing the numbered parts.

Source: SL 1951, ch 261; SDC Supp 1960, § 54.1102; SL 1966, ch 156.
S.D. Codified Laws § 37-6-9 — SD Code / Title 37 / Chapter 6 / Section 37-6-9
Mark identified with living persons not registrable except by consent
Status: in_force

A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it consists of or comprises the name, signature or portrait of any living individual, except with his written consent.

Source: SL 1955, ch 232, § 2; SDC Supp 1960, § 51.0902 (4); SL 1980, ch 264, § 7.
S.D. Codified Laws § 37-37-2 — SD Code / Title 37 / Chapter 37 / Section 37-37-2
Manufacturer to repair nonconforming condition of new farm machinery upon notice from consumer
Status: in_force

If new farm machinery does not conform to any applicable express warranty and the consumer delivers the farm machinery to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the farm machinery shall make the necessary repairs to the farm machinery to remedy any such nonconforming condition. The repairs are required even after the expiration of the lemon law rights period if notice of the nonconforming condition was first given during the lemon law rights period. However, the manufacturer's obligation to repair the nonconforming condition does not extend beyond the period of twenty-four months following delivery of the farm machinery.

Source: SL 2019, ch 178, § 2.
S.D. Codified Laws § 37-21-21 — SD Code / Title 37 / Chapter 21 / Section 37-21-21
Assistance of law enforcement--Prosecution of violations
Status: in_force

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 formal warrant, any false or unsealed weight, measure, or weighing or measuring device or package or amount of commodities found to be used, retained, or offered or exposed for sale or sold in violation of law.

Source: SDC 1939, § 63.0101; SL 2004, ch 17, § 258; SL 2006, ch 187, § 16; SL 2016, ch 183, § 32.
S.D. Codified Laws § 37-6-24 — SD Code / Title 37 / Chapter 6 / Section 37-6-24
Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations
Status: in_force

Any owner of a mark registered under § 37-6-13 may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof. The circuit court may grant injunctions to restrain such manufacture, use, display or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed. The enumeration of any right or remedy in this section shall not affect a registrant's right to prosecute under any penal law of this state.

Source: SDC 1939, § 51.0907; SL 1955, ch 232, § 12; SDC Supp 1960, § 51.0912; SL 1980, ch 264, § 17.
S.D. Codified Laws § 37-25A-33 — SD Code / Title 37 / Chapter 25A / Section 37-25A-33
Findings required for adoption or change of rules--Cooperation with other jurisdictions
Status: in_force

No rule, form, or order may be made, amended, or rescinded unless the director of the Division of Insurance finds that the action is necessary or appropriate in the public interest or for the protection of the purchaser. In prescribing rules and forms the director may cooperate with other jurisdictions in order to effectuate the policy of this chapter to achieve maximum uniformity in the form and content of disclosure statements, applications, and reports.

Source: SL 1985, ch 305, § 33; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-24-12 — SD Code / Title 37 / Chapter 24 / Section 37-24-12
Attorney general's investigative demand for report on suspect practices
Status: in_force

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 believes it to be in the public interest that an investigation should be made to ascertain whether a person has in fact engaged in, is engaging in, or is about to engage in any such act, practice, or contract, he may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged violation, an investigative demand requiring such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge, or to appear and testify, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, concerning a provision covered under § 53-9-13 or the advertisement, sale, or offering for sale of any merchandise.

Source: SL 1971, ch 218, § 10 (a); SL 1987, ch 29, § 46; SL 2021, ch 206, § 3.
S.D. Codified Laws § 37-6-3 — SD Code / Title 37 / Chapter 6 / Section 37-6-3
Imitation of trade-mark as misdemeanor--Civil penalty
Status: in_force

Every person who, with intent to defraud, affixes to any goods, or to any container of goods, any label, stamp, brand, imprint, printed wrapper, ticket, or mark, which designates such goods by any word or token which is wholly or in part the same to the eye or to the ear as the word or any of the words or tokens used by any other person as his trade - mark, and every person who knowingly sells or keeps or offers for sale any such goods or containers with any such label, stamp, brand, imprint, printed wrapper, ticket, or mark affixed to or upon it, in case the person affixing such mark, or so selling, exposing, or offering for sale such goods or containers, was not the first to employ or use such words as his trade - mark, is guilty of a Class 1 misdemeanor, and in addition to the punishment prescribed therefor is liable to the party aggrieved in the penal sum of one hundred dollars for each and every offense, to be recovered by him in a civil action.

Source: SDC 1939, § 13.1821; SL 1977, ch 190, § 245.
S.D. Codified Laws § 37-25A-9 — SD Code / Title 37 / Chapter 25A / Section 37-25A-9
Appointment of director as agent for service of process--Procedure for service through director
Status: in_force

Every seller shall file, in a form the director of the Division of Insurance prescribes, an irrevocable consent appointing the director or the successor in office to be the seller's agent to receive service of any lawful process in any noncriminal suit, action or proceeding against the seller or the seller's successor or personal representative which arises under this chapter, with the same force and validity as if served personally on the person filing the consent. Service may be made by leaving a copy of the process in the office of the director, but is not effective unless the plaintiff or petitioner, who may be the director or the attorney general in a suit, action or proceeding, sends notice of the service and a copy of the process forthwith by registered mail to the defendant's or respondent's address on file with the director, and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return date of the process, if any, or within such further time as the court allows.

Source: SL 1985, ch 305, § 9; SL 1995, ch 167, § 188; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-30A-6 — SD Code / Title 37 / Chapter 30A / Section 37-30A-6
Terms of liability for goods or services
Status: in_force

A telemarketer may not make or submit any charge to the consumer's credit card or bank account until the telemarketer has received from the consumer an original copy of the written confirmation, signed by the consumer, that complies with § 37-30A-5 . Any good or merchandise sent or service provided without the written confirmation shall be considered unordered merchandise subject to the provisions of § 37-24-2 . No consumer is liable for payment for any good or service provided by the telemarketer unless the telemarketer has first received the written consent of the consumer in the form of a confirmation as required by § 37-30A-5 .

Source: SL 1997, ch 222, § 6.
S.D. Codified Laws § 37-32-13 — SD Code / Title 37 / Chapter 32 / Section 37-32-13
Civil penalties for intentional violation
Status: in_force

In any action brought under § 37-32-11 , if the court finds that a solicitor or sponsor intentionally used an act or practice declared to be unlawful by this chapter, the attorney general or state's attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than two thousand dollars per violation. For purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that the conduct was a violation of this chapter.

Source: SL 1997, ch 223, § 13.
S.D. Codified Laws § 37-5B-26 — SD Code / Title 37 / Chapter 5B / Section 37-5B-26
Prohibited practices
Status: in_force

No person may, directly or indirectly, in connection with the offer or sale of a franchise:

(1) Make any claim or representation, orally, visually, or in writing, that contradicts the information required to be in the disclosure document;

(2) Misrepresent that any person:

(a) Purchased a franchise from the franchisor or operated a franchise of the type offered by the franchisor; or

(b) Can provide an independent and reliable report about the franchise or the experiences of any current or former franchisees;

(3) Disseminate any financial performance representations to prospective franchisees unless the franchisor has a reasonable basis and written substantiation for the representation at the time the representation is made, and the representation is included in the franchisor's disclosure document and the franchise seller:

(a) Discloses the dates when the reported level of financial performance was achieved and of those outlets whose data were used in arriving at the representation, and the number and percent that actually attained or surpassed the stated results if the representation relates to the past performance of the franchisor's outlets; and

(b) Includes a clear and conspicuous admonition that a new franchisee's individual financial results may differ from the result stated in the financial performance representation;

(4) Fail to make available to prospective franchisees, and to the director upon reasonable request, written substantiation for any financial performance representations made in the disclosure document;

(5) Fail to furnish a copy of the franchisor's disclosure document to a prospective franchisee earlier in the sales process than required by § 37-5B-17 , upon reasonable request;

(6) Fail to furnish a copy of the franchisor's most recent disclosure document and any quarterly updates to a prospective franchisee, upon reasonable request, before the prospective franchisee signs a franchise agreement;

(7) Present for signing a franchise agreement in which the terms and conditions differ materially from those presented as an attachment to the disclosure document, unless the franchise seller informed the prospective franchisee of the differences at least seven days before execution of the franchise agreement;

(8) Disclaim or require a prospective franchisee to waive reliance on any representation made in the disclosure document or in its exhibits or amendments. However, this provision is not intended to prevent a prospective franchisee from voluntarily waiving specific contractual terms and conditions set forth in his or her disclosure document during the course of franchise sale negotiations; and

(9) Fail to return any funds or deposits in accordance with any conditions disclosed in the franchisor's disclosure document, franchise agreement, or any related document.

Source: SL 2008, ch 203, § 26.
S.D. Codified Laws § 37-23-4 — SD Code / Title 37 / Chapter 23 / Section 37-23-4
Powers and duties of attorney general
Status: in_force

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 affairs. It shall be the further responsibility of that agency to maintain records indicating the final disposition of any matters so referred;

(2) Advise the Governor as to all matters affecting the interests of the public consumer;

(3) Review state policies and programs of primary importance to consumers or to meet consumer needs which can be met appropriately through state action;

(4) Consider the aspects of state policies, programs, and operations wherein the view of consumers should be made available to state officials and the manner in which such views can be communicated to appropriate departments and agencies;

(5) Recommend the enactment of such legislation as he deems necessary to protect and promote the interest of the public as consumers;

(6) Appear before governmental departments, agencies, and commissions to represent and be heard on behalf of consumer interests, except before the interstate commerce commission, where specific authority to represent the public interest has been vested in the public utilities commission pursuant to § 49-3-27;

(7) Cooperate with and establish necessary liaison with consumer organizations;

(8) Assist in the coordination of federal, state, and municipal activities relating to consumer affairs; and

(9) Do such other acts which may be necessary to the exercise of powers and functions under this chapter.

Source: SL 1969, ch 226, § 3; SL 1977, ch 387, § 2; SL 1987, ch 29, § 44.
S.D. Codified Laws § 37-5B-16 — SD Code / Title 37 / Chapter 5B / Section 37-5B-16
Thresholds
Status: in_force

For purposes of the exemptions set forth in subdivision 37-5B-12(5) and subdivisions 37-5B-13(1) and (2), the director may adjust by rule or order the size of the thresholds.

Source: SL 2008, ch 203, § 16.
S.D. Codified Laws § 37-24-5.5 — SD Code / Title 37 / Chapter 24 / Section 37-24-5.5
Deceptive to include confession of judgment or waiver of rights in door to door sale
Status: in_force

It is a deceptive act or practice, within the meaning of § 37-24-6 , for any seller to include in any door to door contract or receipt any confession of judgment or any waiver of any of the rights to which the buyer is entitled under this chapter including specifically his right to cancel the sale in accordance with the provisions of this chapter.

Source: SDCL, § 37-24-6 as added by SL 1975, ch 244, § 7 (d).
S.D. Codified Laws § 37-6-27 — SD Code / Title 37 / Chapter 6 / Section 37-6-27
Common-law rights in marks preserved
Status: in_force

Nothing in §§ 37-6-4 to 37-6-26 , inclusive, shall adversely affect the right or the enforcement of rights in marks acquired in good faith at any time at common law.

Source: SL 1955, ch 232, § 13; SDC Supp 1960, § 51.0913; SL 1980, ch 264, § 20.
S.D. Codified Laws § 37-2-35 — SD Code / Title 37 / Chapter 2 / Section 37-2-35
Certain contract restrictions on the sale of renewable motor fuels prohibited
Status: in_force

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 tank, except that the franchisee's franchisor may restrict the installation of a tank on leased marketing premises of the franchisor;

(2) Converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use;

(3) Advertising the sale of any renewable fuel, including through the use of signage;

(4) Selling renewable fuel in any specified area on the marketing premises of the franchisee, including any area in which a name or logo of a franchisor or any other entity appears;

(5) Purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee;

(6) Listing renewable fuel availability or prices, including on service station signs, fuel dispensers, or light poles;

(7) Allowing for payment of renewable fuel with any form of payment available for any other type of fuel;

(8) Installing on the marketing premises of the franchisee an ethanol blender pump as defined in § 37-2-34.1 ; or

(9) Using any pump to dispense a specified ethanol blend or range of blends, if the pump is approved by the authority having jurisdiction, as defined in § 34-38-23 , for dispensing the specified ethanol blend or range of blends.

Nothing in this section authorizes any activity that constitutes mislabeling, misbranding, willful adulteration, or other trademark violations by the franchisee.

Source: SL 2008, ch 201, § 2; SL 2011, ch 188, § 2.
S.D. Codified Laws § 37-10-16 — SD Code / Title 37 / Chapter 10 / Section 37-10-16
Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered
Status: in_force

Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article in this state at cost to him as a retailer as prescribed in this chapter. Any wholesaler may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is rendering the same type of service and is selling the same article at cost to him as a wholesaler as prescribed in this chapter. The price of cigarettes advertised, offered for sale, or sold under the exceptions specified in §§ 37-10-18 to 37-10-22 , inclusive, shall not be considered the price of a competitor and shall not be used as a basis for establishing prices below cost, nor shall the price established at a bankruptcy sale be considered the price of a competitor within the meaning of this section.

Source: SL 1966, ch 157, § 9 (1).
S.D. Codified Laws § 37-30-28 — SD Code / Title 37 / Chapter 30 / Section 37-30-28
Permissible hours as to use of automated telephone dialing system--Disconnection requirements--Failure to comply as misdemeanor
Status: in_force

No person may use an automated telephone dialing system to make a telephone solicitation to any telephone number in the state except weekdays between 9 a.m. and 9 p.m., according to the time in this state. In addition, the person using the device to place the call shall ensure that the device disconnects no more than twenty seconds following the disconnection of the telephone number called. A violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 322, § 7.
S.D. Codified Laws § 37-21-2 — SD Code / Title 37 / Chapter 21 / Section 37-21-2
Secretary as inspector and sealer--Enforcement of standards--Powers and duties of department personnel
Status: in_force

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 performance of duties assigned by the secretary under the provisions of this chapter.

Source: SDC 1939, § 63.0101; SL 1996, ch 320 (Ex. Ord. 96-1), §§ 19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2016, ch 183, § 22.
S.D. Codified Laws § 37-5B-27 — SD Code / Title 37 / Chapter 5B / Section 37-5B-27
Director approval not permitted
Status: in_force

The director may not approve or express any opinion on the legality of any matter a franchisor may be required to disclose under this chapter.

Source: SL 2008, ch 203, § 27.
S.D. Codified Laws § 37-2-45 — SD Code / Title 37 / Chapter 2 / Section 37-2-45
Minimum octane rating grades of petroleum in all other counties
Status: in_force

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.

Source: SL 2013, ch 187, § 7, eff. Mar. 6, 2013.
S.D. Codified Laws § 37-36-7 — SD Code / Title 37 / Chapter 36 / Section 37-36-7
Action by person aggrieved--Available remedies
Status: in_force

A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated pursuant to this chapter, may bring an action in a court of proper jurisdiction. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this section:

(1) Equitable relief;

(2) Damages;

(3) Costs and fees, including reasonable attorney fees; and

(4) Exemplary damages in an amount equal to fifty thousand dollars or three times the total of damages, costs, and fees, whichever is greater.

Source: SL 2014, ch 192, § 7.
S.D. Codified Laws § 37-5-2 — SD Code / Title 37 / Chapter 5 / Section 37-5-2
Coercion of dealer to control sales or force expenditures as misdemeanor
Status: in_force

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 enter into any agreement with the manufacturer, factory, branch, distributor, or distributor - branch, or any field representative, officer, agent, or representative of any of them, or to assign, sell, or dispose of any contract or property in any way, or to expend any money or do any other act unfair to such dealer; by threatening to cancel or terminate any franchise, agency, arrangement, or agreement existing between such manufacturer, factory, branch, distributor, distributor - branch, or any field representative, officer, agent, or representative of any of them and the dealer or by any other unfair means or by duress of any kind.

Source: SL 1951, ch 262, § 1; SDC Supp 1960, § 54.1103; SL 1970, ch 219, § 2; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1 ; SL 1977, ch 190, § 236; SL 1995, ch 228, § 2; SL 2004, ch 254, § 5.
S.D. Codified Laws § 37-1-14.2 — SD Code / Title 37 / Chapter 1 / Section 37-1-14.2
Actions on behalf of state for equitable relief and civil penalties--Amount of penalty
Status: in_force

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 for the benefit of the state a civil penalty of not more than fifty thousand dollars for each violation of this chapter.

Source: SL 1977, ch 305, § 9.
S.D. Codified Laws § 37-2-18 — SD Code / Title 37 / Chapter 2 / Section 37-2-18
Acting as agent of another not a defense
Status: in_force

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); SDCL, § 39-21-27.
S.D. Codified Laws § 37-6-14 — SD Code / Title 37 / Chapter 6 / Section 37-6-14
Term of registration--Renewal
Status: in_force

Registration of a mark under § 37-6-13 is effective for a term of four years from the date of registration. Upon application filed within six months prior to the expiration of the term, on a form to be furnished by the secretary of state, the registration may be renewed for a like term. A renewal fee of one hundred twenty-five dollars, payable to the secretary of state, shall accompany the application for renewal of the registration. A mark registration may be renewed for successive periods of four years in like manner.

Source: SL 1955, ch 232, § 5; SDC Supp 1960, § 51.0905; SL 1980, ch 264, § 12; SL 1997, ch 141, § 3; SL 2003, ch 8, § 8; SL 2009, ch 4, § 8.
S.D. Codified Laws § 37-24-6.2 — SD Code / Title 37 / Chapter 24 / Section 37-24-6.2
Advertisement at regular price not prohibited
Status: in_force

Nothing in § 37-24-6 shall prohibit the advertisement of merchandise at its regular price.

Source: SL 1989, ch 338, § 2.
S.D. Codified Laws § 37-16-3 — SD Code / Title 37 / Chapter 16 / Section 37-16-3
Conduct of business without municipal license as misdemeanor
Status: in_force

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, ch 190, § 272; SL 1994, ch 64, § 1.
S.D. Codified Laws § 37-21A-5 — SD Code / Title 37 / Chapter 21A / Section 37-21A-5
Registrant's removal of tags and placement of devices in service before official examination
Status: in_force

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 measuring device that has been officially rejected or condemned; and

(3) Place in service, until such time as an official examination can be made, a new or used weighing or measuring device.

Source: SL 1973, ch 257, § 6; SL 2004, ch 17, § 260; SL 2006, ch 187, § 18; SL 2016, ch 183, § 37.
S.D. Codified Laws § 37-30A-13 — SD Code / Title 37 / Chapter 30A / Section 37-30A-13
Willful violation
Status: in_force

A willful violation of this chapter is an unfair or deceptive trade practice and is subject to the relief provided under chapter 37-24 .

Source: SL 1997, ch 222, § 13.
S.D. Codified Laws § 37-25A-4 — SD Code / Title 37 / Chapter 25A / Section 37-25A-4
Revocation or denial of exemption--Procedure
Status: in_force

The director of the Division of Insurance may by order deny or revoke any exemption specified in § 37-25A-3 , except the exemption provided in subdivision 37-25A-3(2), with respect to a particular offering of one or more business opportunities. No such order may be entered without appropriate prior notice to all interested parties, opportunity for hearing and written findings of fact and conclusions of law.

Source: SL 1985, ch 305, § 4; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-25A-3 — SD Code / Title 37 / Chapter 25A / Section 37-25A-3
Exemptions
Status: in_force

The following business opportunities are exempt from §§ 37-25A-7 to 37-25A-24 , inclusive:

(1) Any offer or sale of a business opportunity for which the immediate cash payment made by the purchaser for any business opportunity is at least twenty-five thousand dollars if the immediate cash payment does not exceed twenty percent of the purchaser's net worth as determined exclusive of principal residence, furnishings therein, and automobiles. However, the director of the Division of Insurance may, by rules adopted pursuant to chapter 1-26 , withdraw or further condition the availability of this exemption;

(2) Any offer or sale of a business opportunity for which the purchaser is required to make a payment to the seller or a person recommended by the seller that is less than five hundred dollars during the period from any time before commencing operation to within six months after commencing operation of the business opportunity;

(3) Any offer or sale of a business opportunity if the seller has a net worth of not less than one million dollars as determined by the seller's most recent audited financial statement, prepared within thirteen months of the first offering in this state. Net worth may be determined on a consolidated basis if the seller is at least eighty percent owned by one person and that person expressly guarantees the obligations of the seller with regard to the offer or sale of any business opportunity claimed to be exempt under this subdivision. The director may, by rules adopted pursuant to chapter 1-26 , withdraw or further condition the availability of this exemption;

(4) Any offer or sale of a business opportunity if the purchaser is a bank, savings and loan association, trust company, insurance company, credit union, or investment company as defined by the Investment Company Act of 1940, pension or profit sharing trust, or other financial institution or institutional buyer or a dealer registered pursuant to chapter 47-31B , if the purchaser is acting for itself or in a fiduciary capacity;

(5) Any offer or sale of a business opportunity which is defined as a franchise in subdivision 37-25A-1(4) if the seller delivers to each purchaser at least fourteen calendar days prior to the earlier of the execution by a purchaser of any contract or agreement imposing a binding legal obligation on the purchaser or the payment by a purchaser of any consideration in connection with the offer or sale of the business opportunity, a disclosure document as defined in § 37-5B-1 and notice filed with the Division of Insurance pursuant to §§ 37-5B-1 to 37-5B-50 , inclusive, or any offer or sale of a business opportunity that is exempt from the disclosure requirements as set forth in 16 C.F.R. Part 437 as of January 1, 2008;

(6) Any offer or sale of a business opportunity for which the cash payment made by a purchaser for any business opportunity does not exceed five hundred dollars and the payment is made for the not-for-profit sale of sales demonstration equipment, material, or samples, or the payment is made for product inventory sold to the purchaser at a bona fide wholesale price;

(7) Any offer or sale of a business opportunity which the director exempts by order or a class of business opportunities which the director exempts by rule upon the finding that such exemption is not contrary to public interest and that registration is not necessary or appropriate for the protection of purchasers.

Source: SL 1985, ch 305, § 3; SL 1989, ch 30, § 65; SL 2003, ch 211, § 1; SL 2004, ch 278, § 64; SL 2008, ch 203, § 57; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-25A-42 — SD Code / Title 37 / Chapter 25A / Section 37-25A-42
Continuances where process served under chapter
Status: in_force

If process is served under this chapter, the court, or the director of the Division of Insurance in a proceeding before the director, shall order such continuance as necessary to afford the defendant or respondent reasonable opportunity to defend himself.

Source: SL 1985, ch 305, § 42; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-35A-6 — SD Code / Title 37 / Chapter 35A / Section 37-35A-6
Petition to investigate--Private right of action
Status: in_force

The attorney general may be petitioned to investigate an alleged violation of this chapter by:

(1) A firearms dealer physically located in this state, if the dealer's business was the subject of an alleged violation of this chapter; or

(2) A customer who engaged in a transaction with a firearms dealer physically located in this state, if the dealer's business was the subject of an alleged violation of this chapter.

If the attorney general does not commence an action within ninety days of receiving a petition under this section, the firearms dealer or the customer may file an action in a court of competent jurisdiction to enjoin the individual or entity from engaging in a violation of this chapter.

Source: SL 2025, ch 165, § 6.
S.D. Codified Laws § 37-24-29 — SD Code / Title 37 / Chapter 24 / Section 37-24-29
Additional judicial relief from unlawful practices--Appointment of receiver
Status: in_force

The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which the court finds to have been acquired by means of any act or practice declared to be unlawful by § 37-24-6 . Such additional relief may include the appointment of a receiver whenever it shall appear to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his property to the damage of persons to whom restoration would be made under this section.

Source: SL 1971, ch 218, § 6.
S.D. Codified Laws § 37-5B-42 — SD Code / Title 37 / Chapter 5B / Section 37-5B-42
Order to show cause
Status: in_force

As an alternative to the procedure prescribed in § 37-5B-41 , the director may issue an order to show cause setting a hearing and requiring an applicant, notice filer, franchisor, or other person to appear and show cause why a cease and desist order should not be issued, or why an order denying, suspending, or revoking a notice filing, amendment, or exemption should not be issued. The order shall give reasonable notice of the time and place for hearing, and shall state the reasons for the entry of the order. The hearing shall be conducted in accordance with chapter 1-26 . After the hearing, the director shall enter an order making such disposition of the matter as the facts require.

Source: SL 2008, ch 203, § 42.
S.D. Codified Laws § 37-10-31 — SD Code / Title 37 / Chapter 10 / Section 37-10-31
Procedure for suspension or revocation of license
Status: in_force

No license or licenses issued under chapter 10-50 shall be suspended or revoked, except in compliance with chapter 1-26 .

Source: SL 1966, ch 157, § 16 (1).
S.D. Codified Laws § 37-10-30 — SD Code / Title 37 / Chapter 10 / Section 37-10-30
Disciplinary proceedings not abated by expiration or renewal of license
Status: in_force

No disciplinary proceedings or action shall be barred or abated by the expiration, transfer, surrender, continuance, renewal, or extension of any license issued under the provisions of chapter 10-50 .

Source: SL 1966, ch 157, § 16 (3).
S.D. Codified Laws § 37-1-3.1 — SD Code / Title 37 / Chapter 1 / Section 37-1-3.1
Combinations in restraint of trade unlawful--Entities subject to prohibition
Status: in_force

A contract, combination, or conspiracy between two or more persons in restraint of trade or commerce any part of which is within this state is unlawful.

A person is any natural person, partnership, limited liability company, corporation, association, or other legal entity.

Source: SL 1977, ch 305, § 1; SL 1994, ch 351, § 82.
S.D. Codified Laws § 37-5-5.5 — SD Code / Title 37 / Chapter 5 / Section 37-5-5.5
Reimbursement for computer and signage costs incurred under requirements of wholesaler, manufacturer or distributor
Status: in_force

A wholesaler, manufacturer, or distributor shall also repurchase from the dealer and the dealer shall sell any specialized computer hardware or software, specialized tool, or signage which the wholesaler, manufacturer, or distributor required the dealer to purchase or lease as part of the dealer agreement. Upon delivery to the wholesaler, manufacturer, or distributor of any such specialized computer hardware or software, tool, or signage, the wholesaler, manufacturer, or distributor shall pay to the dealer:

(1) For such computer hardware and software specifically required by the wholesaler, manufacturer, or distributor purchased within the last five years, the net cost less twenty percent per year depreciation. For purposes of this subdivision, the term, software, means software that is sourced from the wholesaler, manufacturer, or distributor, or its approved vendor, to meet the minimum requirements of the wholesaler, manufacturer, or distributor;

(2) For current logoed signage constituting the principal outdoor signage required by the wholesaler, manufacturer, or distributor, identifying the dealer as its representative, the original net cost to the dealer less fifteen percent per year, but in no case less than twenty percent of the original net cost to the dealer;

(3) For any specialized diagnostic or repair tool required by the wholesaler, manufacturer, or distributor which is unique to the product line and in complete, usable condition, seventy - five percent of the original net cost to the dealer if within ten years of purchase by the dealer, provided that any new, unused specialized repair tool applicable to the products of the wholesaler, manufacturer, or distributor shall be purchased at one hundred percent of the original net cost to the dealer.

Source: SL 2001, ch 212, § 2; SL 2004, ch 254, § 8.
S.D. Codified Laws § 37-10-27 — SD Code / Title 37 / Chapter 10 / Section 37-10-27
Duty to enforce chapter--Employment of personnel
Status: in_force

In order to effectuate the purposes of this chapter it shall be the duty of the secretary of revenue to carry out the enforcement provisions of this chapter. In accordance with the laws of this state the secretary may, within the limits of available appropriations, employ and fix the duties and compensation of such inspectors and other personnel necessary to carry out the provisions of this chapter.

Source: SL 1966, ch 157, § 14 (2); SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 37-30-22 — SD Code / Title 37 / Chapter 30 / Section 37-30-22
Documents required to be filed--Status as public records--Exceptions
Status: in_force

Registration forms, annual reports, and other documents required to be filed by this chapter shall become public records when filed in the Office of the Attorney General. However, investigative data obtained by the attorney general in anticipation of or in connection with litigation or an administrative proceeding are not public records.

Source: SL 1990, ch 314, § 22.
S.D. Codified Laws § 37-5B-41 — SD Code / Title 37 / Chapter 5B / Section 37-5B-41
Cease and desist orders
Status: in_force

The director, with or without prior notice or hearing, may issue a cease and desist order and may issue an order denying, suspending, or revoking any notice filing, amendment, or exemption if the director finds:

(1) That the applicant, or franchisor or any officer, director, agent, or employee thereof or any other person has violated or failed to comply with any provision of this chapter or any rule or order of the director;

(2) That the offer, sale, or purchase of the franchise would constitute misrepresentation to, or deceit or fraud upon, purchasers thereof, or has worked or tended to work a fraud upon purchasers or would so operate;

(3) That the applicant, or franchisor or any officer, director, agent, or employee thereof or any other person is engaging or is about to engage in false, fraudulent, or deceptive practices in connection with the offer and sale of a franchise;

(4) That any person identified in the disclosure document has been convicted of or had a civil judgment entered against him or her for fraud, theft, fraudulent conversion, restraint of trade, unfair or deceptive practices or misappropriation of property, or is subject to an order issued, after notice and opportunity for hearing, by a state or federal regulatory agency and the involvement of the person in the business of the applicant or franchisor creates a substantial risk to prospective franchisees;

(5) That the financial condition of the franchisor adversely affects or would adversely affect the ability of the franchisor to fulfill its obligations under the franchise agreement; or

(6) That the franchisor's enterprise or method of business includes or would include activities which are illegal where performed.

Source: SL 2008, ch 203, § 41.
S.D. Codified Laws § 37-22A-1.1 — SD Code / Title 37 / Chapter 22A / Section 37-22A-1.1
Ticket printer required on scales used in commercial trade
Status: in_force

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 § 37-22A-1 .
S.D. Codified Laws § 37-5-9 — SD Code / Title 37 / Chapter 5 / Section 37-5-9
Death of dealer--Repurchase of merchandise, parts, and attachments--Exercise of rights by heirs
Status: in_force

In the event of the death of the dealer or majority stockholder in a corporation operating a dealership in the business of selling merchandise or repair parts for merchandise, the wholesaler, distributor, or manufacturer who supplied the merchandise, or its successor, shall repurchase from the heir or heirs of the dealer or majority stockholder the merchandise at a sum equal to one hundred percent of the net cost of all current unused complete merchandise, including transportation and reasonable assembly charges that have been paid by the dealer, and ninety - five percent of the current net prices on repair parts for the merchandise, including superseded parts, listed in current price lists or catalogues, plus a sum equal to five percent of the current net price of all parts returned for handling, packing, and loading of the parts, and any specialized computer hardware or software, specialized tool, or signage as specified in § 37-5-5.5 , unless the heir or heirs agree to continue to operate the dealership. If the heir or heirs do not agree to continue to operate the dealership, it is deemed a cancellation or discontinuance of contract by the dealer under the provisions of § 37-5-5 , and as such the heir or heirs may exercise any rights and privileges under §§ 37-5-5 to 37-5-9 , inclusive.

Source: SL 1969, ch 206, § 4; SL 1970, ch 219, § 7; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1 ; SL 1989, ch 336, § 4; SL 1995, ch 228, § 7; SL 2000, ch 201, § 4; SL 2001, ch 212, §§ 6, 7; SL 2004, ch 254, § 12.
S.D. Codified Laws § 37-5-12.1 — SD Code / Title 37 / Chapter 5 / Section 37-5-12.1
Dealer defined
Status: in_force

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 or exchange any merchandise as defined by this chapter from manufacturer authorized facilities in this state, or who is engaged wholly or in part in the business of selling any such merchandise from manufacturer authorized facilities in this state. The term does not include any person with total annual gross sales in this state and elsewhere of one hundred million dollars or more of industrial and construction equipment, attachments, replacement parts, and service related to the equipment, from any one manufacturer or supplier of such equipment.

Source: SL 2004, ch 254, § 1; SL 2012, ch 197, § 3.
S.D. Codified Laws § 37-25A-51 — SD Code / Title 37 / Chapter 25A / Section 37-25A-51
Liability of person aiding or controlling violator
Status: in_force

Any person who controls or materially aids a person liable under § 37-25A-46 or 37-25A-47 shall be liable jointly and severally with and to the same extent as the person committing the violation.

Source: SL 1985, ch 305, § 51.
S.D. Codified Laws § 37-5B-31 — SD Code / Title 37 / Chapter 5B / Section 37-5B-31
Filed documents
Status: in_force

A document is filed when it is received by the director.

Source: SL 2008, ch 203, § 31.
S.D. Codified Laws § 37-2-36 — SD Code / Title 37 / Chapter 2 / Section 37-2-36
Reasonable indemnification and insurance policies permitted
Status: in_force

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.
S.D. Codified Laws § 37-32-8 — SD Code / Title 37 / Chapter 32 / Section 37-32-8
Limitations on solicitor or sponsor
Status: in_force

A solicitor or sponsor may not do any of the following:

(1) Place on an envelope containing a written prize notice any representation that the person to whom the envelope is addressed has won or will receive a prize;

(2) Deliver a written prize notice that contains language, or is designed in a manner, that would lead a reasonable person to believe that it originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector, or law firm unless the written prize notice originates from that source; or

(3) Represent directly or by implication that the number of individuals eligible for the prize is limited or that an individual has won or will receive a particular prize unless the representation is true.

Source: SL 1997, ch 223, § 8.
S.D. Codified Laws § 37-1-31 — SD Code / Title 37 / Chapter 1 / Section 37-1-31
Distribution of award of monetary relief--Treatment as civil penalty to be deposited in special revenue fund
Status: in_force

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 to § 1-11-6.3 .

Source: SL 1980, ch 259, § 10.
S.D. Codified Laws § 37-24-64 — SD Code / Title 37 / Chapter 24 / Section 37-24-64
Genetic material protection--Exceptions
Status: in_force

The provisions of §§ 37-24-60 to 37-24-63 , inclusive, do not apply to:

(1) Protected health information collected by a covered entity or business associate, as those terms are defined in 45 C.F.R. § 160.103 (November 25, 2025);

(2) A biological sample that is obtained or genetic data that is generated for the purpose of a consumer's medical screening, diagnosis, or treatment;

(3) A public or private institution of higher education;

(4) An entity owned or operated by a public or private institution of higher education;

(5) A forensic laboratory that is operated by, associated with, or under contract with, a law enforcement agency, when performing forensic analysis or related services as part of a criminal investigation;

(6) An entity that analyzes, collects, or uses genetic data or biological samples only in the context of research, as defined in 24 C.F.R. § 164.501 (November 25, 2025), in a manner that complies with the federal policy of the protection of human research subjects under 45 C.F.R. part 46 (November 25, 2025); the Guideline for Good Clinical Practice issued by the International Council for Harmonisation (January 6, 2025); or the United States Food and Drug Administration policy for the protection of human subjects under 21 C.F.R. part 50 (December 4, 2025) and 21 C.F.R. part 56 (December 4, 2025); or

(7) A hospital licensed under chapter 34-12 , including any laboratory or health care facility owned, operated by, or affiliated with the hospital.

Source: SL 2026, ch 164, § 6.
S.D. Codified Laws § 37-5-17 — SD Code / Title 37 / Chapter 5 / Section 37-5-17
Manufacturer of outdoor power equipment required to compensate retailer for warranty work--Amount of compensation
Status: in_force

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 allowances for diagnostic and performance of warranty work and service shall be adequate for the work to be performed. The hourly labor rate paid to the retailer for warranty services may not be less than the rate charged by the retailer for like service to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the amount paid by the retailer to acquire the parts plus a reasonable allowance for handling, which may not be less than thirty percent.

Source: SL 2004, ch 255, § 2.
S.D. Codified Laws § 37-29-11 — SD Code / Title 37 / Chapter 29 / Section 37-29-11
Time of taking effect
Status: in_force

This chapter takes effect on July 1, 1988, and does not apply to misappropriation occurring prior to the effective date. With respect to a continuing misappropriation that began prior to the effective date, this chapter also does not apply to the continuing misappropriation that occurs after the effective date.

Source: SL 1988, ch 354, § 10.
S.D. Codified Laws § 37-35-5 — SD Code / Title 37 / Chapter 35 / Section 37-35-5
Application of chapter
Status: in_force

The provisions of this chapter apply to any firearm, firearm accessory, or ammunition that is manufactured and retained in South Dakota after July 1, 2010.

Source: SL 2010, ch 198, § 5.
S.D. Codified Laws § 37-1-3.3 — SD Code / Title 37 / Chapter 1 / Section 37-1-3.3
Monopoly or restraint of trade as felony
Status: in_force

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.
S.D. Codified Laws § 37-1-28 — SD Code / Title 37 / Chapter 1 / Section 37-1-28
Election by injured person to exclude claim from state action for monetary relief--Notice
Status: in_force

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 pursuant to § 37-1-27 .

Source: SL 1980, ch 259, § 6.
S.D. Codified Laws § 37-5-12 — SD Code / Title 37 / Chapter 5 / Section 37-5-12
Waiver of law void
Status: in_force

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 state law applying to such agreements is void as a matter of public policy.

Source: SL 1991, ch 319, § 2.
S.D. Codified Laws § 37-24-5.3 — SD Code / Title 37 / Chapter 24 / Section 37-24-5.3
Door to door seller's failure to inform buyer of right to cancel
Status: in_force

It is a deceptive act or practice, within the meaning of § 37-24-6 , for any seller, in connection with any door to door sale, to:

(1) Fail to furnish the buyer with a fully completed receipt or copy of any contract pertaining to such sale at the time of its execution which shows the date of the transaction and contains the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in bold face type of a minimum size of ten points, a statement in substantially the following form:

"YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.";

(2) Fail to inform each buyer orally, at the time he signs the contract or purchases the goods or services, of his right to cancel;

(3) Misrepresent in any manner the buyer's right to cancel.

Source: SDCL, § 37-24-6 as added by SL 1975, ch 244, § 7 (a), (e), (f).
S.D. Codified Laws § 37-2-9 — SD Code / Title 37 / Chapter 2 / Section 37-2-9
Thorough analysis not required--Rejection of product on finding of impurity or imperfection
Status: in_force

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 not specified in this chapter which renders a petroleum product unsuitable, the inspector may reject the petroleum product.

Source: SDC 1939, § 22.1501; SL 1939, ch 92; SDCL § 39-21-11; SL 2016, ch 183, § 12.
S.D. Codified Laws § 37-2-13 — SD Code / Title 37 / Chapter 2 / Section 37-2-13
Antiknock index for gasoline and gasoline blends to be posted
Status: in_force

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 not be less than the AKI posted on the product dispenser or as certified on the invoice, bill of lading, shipping paper, or other documentation.

Source: SDC 1939, § 22.1512; SL 1951, ch 109; SL 1953, ch 95, § 5; SDCL § 39-21-23; SL 2009, ch 195, § 1.
S.D. Codified Laws § 37-35A-2 — SD Code / Title 37 / Chapter 35A / Section 37-35A-2
Private firearm and firearm owner list prohibited--Exception
Status: in_force

With the exception of records kept during the regular course of a criminal investigation and prosecution, or as otherwise required by law, no governmental entity or official, agent, or employee of a governmental entity or any person other than the owner or owner’s representative, may knowingly and willfully keep or cause to be kept any list, record, or registry of privately owned firearms or the owners of those firearms.

Source: SL 2025, ch 165, § 2.
S.D. Codified Laws § 37-32-11 — SD Code / Title 37 / Chapter 32 / Section 37-32-11
Temporary or permanent injunction for violation
Status: in_force

If the attorney general or a state's attorney, has reason to believe that any person has violated this chapter, the attorney general or state's attorney may bring an action in the name of the state against such person to restrain by temporary or permanent injunction the use of such act or practice.

Source: SL 1997, ch 223, § 11.
S.D. Codified Laws § 37-24-50 — SD Code / Title 37 / Chapter 24 / Section 37-24-50
Contractor rebate of insurance deductible prohibited
Status: in_force

No contractor providing residential roofing goods and services to any person or entity may advertise or promise to pay or rebate all or part of any applicable insurance deductible. If a contractor violates this section, any contract entered into between the contractor and that person or entity is null and void.

Source: SL 2012, ch 198, § 1.
S.D. Codified Laws § 37-5B-52 — SD Code / Title 37 / Chapter 5B / Section 37-5B-52
Prior registrations and rulings
Status: in_force

Any effective registration and administrative order relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no action determinations, and conditions imposed on the registrations prior to July 1, 2008 remain in effect while they would have remained in effect if this chapter had not been enacted. They are considered to have been filed, issued, or imposed under this chapter, but are exclusively governed by chapter 37-5A as of June 30, 2008.

Source: SL 2008, ch 203, § 53.
S.D. Codified Laws § 37-35A-5 — SD Code / Title 37 / Chapter 35A / Section 37-35A-5
Investigation--Notice--Cessation
Status: in_force

The attorney general may investigate any alleged violation of this chapter and shall provide written notice to any individual or entity, public or private, believed to be in violation. Written notice to any commercial entity must be made to the entity's registered agent.

Upon receipt of a written notice from the attorney general, the alleged violator must cease usage of the firearms code within thirty calendar days. The attorney general may extend the period for up to an additional one hundred and twenty days.

Source: SL 2025, ch 165, § 5.
S.D. Codified Laws § 37-7-4 — SD Code / Title 37 / Chapter 7 / Section 37-7-4
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Indian," any person who is enrolled or who is a lineal descendant of one enrolled upon the enrollment listing of a recognized Indian tribe domiciled within the United States;

(2) "Indian handcrafted," the production by hand of products solely by Indians within the United States.

Source: SL 1994, ch 311.
S.D. Codified Laws § 37-10-3 — SD Code / Title 37 / Chapter 10 / Section 37-10-3
Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession
Status: in_force

It shall be unlawful and a violation of this chapter for any retailer, with intent to injure competitors or destroy or substantially lessen competition,

(1) To induce or attempt to induce or to procure or attempt to procure the purchase of cigarettes at a price less than cost to wholesaler as defined in this chapter, or

(2) To induce or attempt to induce or to procure or attempt to procure any rebate or concession of any kind or nature whatsoever in connection with the purchase of cigarettes.

Source: SL 1966, ch 157, § 3 (2).
S.D. Codified Laws § 37-30-29 — SD Code / Title 37 / Chapter 30 / Section 37-30-29
Registrant responsible for automatic dialer requirements
Status: in_force

The registrant is responsible for the automatic dialer requirements contained in §§ 37-30-27 and 37-30-28 .

Source: SL 1991, ch 322, § 5.
S.D. Codified Laws § 37-5-6 — SD Code / Title 37 / Chapter 5 / Section 37-5-6
Contracts subject to dealer's right to recovery of costs and charges on cancellation
Status: in_force

The provisions of § 37-5-5 relating to a retailer's right to cancel or discontinue a contract and receive payment for machines, attachments, and parts returned shall apply to all contracts in effect on July 1, 1969, which have no expiration date and are a continuing contract, and all other contracts entered into or renewed after July 1, 1969. Any contract in force and effect on July 1, 1969, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to July 1, 1969.

Source: SL 1969, ch 206, § 1.
S.D. Codified Laws § 37-10-29 — SD Code / Title 37 / Chapter 10 / Section 37-10-29
Suspension or revocation of license under cigarette tax law
Status: in_force

In addition to the provisions of §§ 37-10-2 , 37-10-3 , and 37-10-36 to 37-10-38 , inclusive, the secretary of revenue is empowered to suspend or revoke the license or any licenses of any person, licensed under the provisions of chapter 10-50 .

Source: SL 1966, ch 157, § 16 (1); SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 37-30-4 — SD Code / Title 37 / Chapter 30 / Section 37-30-4
Attorney general's approval of application required prior to solicitation--Period for review--Basis for denial of registration
Status: in_force

No paid solicitor may commence a solicitation until the application is reviewed and approved by the attorney general. The attorney general shall review the application within forty - five days of receiving the application. The attorney general, pursuant to chapter 1-26 , may deny registration of a paid solicitor if the application fails to comply with this chapter and rules promulgated pursuant to chapter 1-26 .

Source: SL 1990, ch 314, § 4.
S.D. Codified Laws § 37-11-3 — SD Code / Title 37 / Chapter 11 / Section 37-11-3
Information recorded by secretary of state and register of deeds
Status: in_force

The secretary of state shall record the information required pursuant to the provisions of §§ 37-11-1 and 37-11-2 in such manner as may be necessary to effectuate the purposes of this chapter. The register of deeds shall, within seven days, electronically record, on the electronic filing system maintained by the secretary of state, the information collected on paper forms filed with the register of deeds pursuant to §§ 37-11-1 and 37-11-2 .

Source: SDC 1939, § 49.0803; SL 1974, ch 55, § 40; SL 1975, ch 242, § 3; SL 2004, ch 256, § 3.
S.D. Codified Laws § 37-25A-12 — SD Code / Title 37 / Chapter 25A / Section 37-25A-12
Term of registration--Renewal statement and fee--Sales report
Status: in_force

The registration is effective for one year commencing on the date of effectiveness and may be renewed annually upon the filing of a current disclosure document accompanied by any document or information that the director of the Division of Insurance required. The registration renewal statement shall be in the form and content prescribed by the director and shall be accompanied by a renewal fee of fifty dollars. Failure to renew upon the close of the one-year period of effectiveness shall result in the expiration of the registration. The director may require the filing of a sales report.

Source: SL 1985, ch 305, § 12; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-22A-1 — SD Code / Title 37 / Chapter 22A / Section 37-22A-1
Definitions
Status: in_force

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.
S.D. Codified Laws § 37-24-24 — SD Code / Title 37 / Chapter 24 / Section 37-24-24
State's attorneys to assist--Action by state's attorney
Status: in_force

It shall be the duty of state's attorneys to render to the attorney general such assistance as the attorney general may request in the commencement and prosecution by the attorney general of actions pursuant to this chapter. The state's attorney with prior approval of the attorney general may institute and prosecute actions hereunder in the same manner as provided for the attorney general and shall make a full report thereon to the attorney general, including the final disposition of the matter.

Source: SL 1971, ch 218, § 15.
S.D. Codified Laws § 37-2-19 — SD Code / Title 37 / Chapter 2 / Section 37-2-19
Secretary of public safety as ex officio inspector--Trafficking in petroleum products prohibited
Status: in_force

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 92; SDCL, § 39-21-28; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 20, 121; SL 2005, ch 207, § 4.
S.D. Codified Laws § 37-31-4 — SD Code / Title 37 / Chapter 31 / Section 37-31-4
Return of nonconforming device for replacement or refund
Status: in_force

To receive an assistive device of comparable quality, size, and function or a refund, the consumer shall offer to transfer possession of the nonconforming assistive device to the manufacturer. Not more than thirty days after such an offer the manufacturer shall provide the consumer with an assistive device of comparable quality, size, and function or a refund. When the manufacturer provides the assistive device or refund, the consumer shall return the nonconforming assistive device to the manufacturer, along with any endorsements necessary to transfer real possession to the manufacturer.

Source: SL 1996, ch 242, § 4.
S.D. Codified Laws § 37-4-4 — SD Code / Title 37 / Chapter 4 / Section 37-4-4
Exchange rules controlling distribution of member profits deemed unreasonable
Status: in_force

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 profits to its stockholders and members shall be deemed to be unreasonable.

Source: SDC 1939, § 54.0802.
S.D. Codified Laws § 37-5B-19 — SD Code / Title 37 / Chapter 5B / Section 37-5B-19
Books and records
Status: in_force

Every franchisor offering or selling a franchise in this state shall maintain complete and accurate books and records of the offers and sales of franchises. The books and records shall include all of the disclosure documents and advertising and correspondence that have been used with franchisees and prospective franchisees including past and present operations manuals, training records, training manuals, copies of executed agreements, and any due diligence records concerning franchisees. The books and records shall be maintained at an office readily accessible to the franchisor for three years. The books and records may be kept on photographic or electronic media but shall be printed if the director requests.

Source: SL 2008, ch 203, § 19.
S.D. Codified Laws § 37-32-15 — SD Code / Title 37 / Chapter 32 / Section 37-32-15
Venue of action
Status: in_force

An action under this chapter shall be tried in the circuit court for the county in which the alleged violator resides or, if the action is brought by the attorney general on behalf of the state, has its place of business, in the circuit court of the county where the victim resides, or in the circuit court for Hughes County, South Dakota, at the election of the plaintiff.

Source: SL 1997, ch 223, § 15.
S.D. Codified Laws § 37-30-19 — SD Code / Title 37 / Chapter 30 / Section 37-30-19
Power of attorney general to compel testimony--Use of such testimony in criminal proceedings prohibited--Exceptions
Status: in_force

No individual is excused from attending and testifying or from producing any documents or records, or an obedience to the subpoena of the attorney general, or in any proceeding instituted by the attorney general, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him. However, no testimony or other information compelled or any information directly or indirectly derived from the compelled testimony or information may be used against the individual in any criminal proceeding except for a prosecution for perjury, giving a false statement, or contempt.

Source: SL 1990, ch 314, § 19.
S.D. Codified Laws § 37-5B-18 — SD Code / Title 37 / Chapter 5B / Section 37-5B-18
Time of delivery of disclosure document
Status: in_force

For purposes of subdivisions 37-5B-17(1) and (2), the franchisor has furnished the disclosure documents by the required date if:

(1) A copy of the disclosure document was hand-delivered, faxed, e-mailed, or otherwise delivered to the prospective franchisee by the required date;

(2) Directions for accessing the disclosure document on the internet were provided to the prospective franchisee by the required date; or

(3) A paper or tangible electronic copy was sent to the address specified by the prospective franchisee by first-class United States mail at least three days before the required date.

Source: SL 2008, ch 203, § 18.
S.D. Codified Laws § 37-26-4 — SD Code / Title 37 / Chapter 26 / Section 37-26-4
Loss covered by bond--Filing and approval of bond--Action on bond
Status: in_force

The bond required by § 37-26-3 shall be in favor of the state for the benefit of any member who suffers loss of any prepayment made pursuant to a contract entered into after March 27, 1975, due to insolvency of the club or the cessation of business by the club. The bond shall be filed with, and approved by, the attorney general. Any person claiming against the bond may maintain an action at law against the club and the surety.

Source: SL 1975, ch 246, § 8; SL 1987, ch 29, § 52.
S.D. Codified Laws § 37-29-4 — SD Code / Title 37 / Chapter 29 / Section 37-29-4
Attorney's fees
Status: in_force

If (i) a claim of misappropriation is made in bad faith, (ii) a motion to terminate an injunction is made or resisted in bad faith, or (iii) willful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.

Source: SL 1988, ch 354, § 4.
S.D. Codified Laws § 37-21-9 — SD Code / Title 37 / Chapter 21 / Section 37-21-9
Inspection and testing of weights, measures, and devices
Status: in_force

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, extent, area, or measurement of quantities, things, produce, or articles of distribution or consumption purchased or offered or submitted for sale, hire, or award are correct.

Source: SDC 1939, § 63.0103; SL 2004, ch 17, § 248; SL 2016, ch 183, § 24.
S.D. Codified Laws § 37-5B-22 — SD Code / Title 37 / Chapter 5B / Section 37-5B-22
Consent to service of process
Status: in_force

Each applicant for notice filing under this chapter, and each franchisor on whose behalf an application for notice filing is filed, except any applicant and franchisor which are domestic South Dakota entities, shall file with the director an irrevocable consent to service of process.

The irrevocable consent to service shall be in such form as the director may prescribe. The irrevocable consent to service of process shall appoint the director to be the applicant's or franchisor's agent to receive service of any lawful process in any civil action against the applicant or franchisor or their successor or personal representative, which arises under this chapter or any rule or order thereunder.

After the irrevocable consent to service of process has been filed, it has the same force and validity as if served personally on the applicant or franchisor or their successor or personal representative.

If any person, including any nonresident of this state and any foreign corporation, or other entity engages in conduct prohibited or made actionable by this chapter, whether or not they have filed a consent to service of process pursuant to this section, and personal jurisdiction over them cannot otherwise be obtained in this state, that conduct shall be considered equivalent to their appointment of the director to be their agent to receive service of any lawful process in any suit against them or their successors or personal representative which grows out of that conduct and which is brought under this chapter, with the same force and validity as if served on them personally.

If, under this section, the director is an agent to receive process, service may be made by leaving a copy of the process in the office of the director as follows:

(1) The process is not effective unless the plaintiff, who may be the director in an action instituted by the director, forthwith sends notice of the service and a copy of the process by certified mail to the defendant, or forthwith sends notice of the service and a copy of the process to the respondent at their last known address on file with the director; and

(2) The plaintiff's affidavit of compliance with this section is filed with the court at the time as the filing of the complaint.

Source: SL 2008, ch 203, § 22.
S.D. Codified Laws § 37-30A-7 — SD Code / Title 37 / Chapter 30A / Section 37-30A-7
Right of cancellation for consumer
Status: in_force

If the consumer sends payment to the telemarketer in the form of a personal check, cash, or any other form of payment other than credit card without having included a signed written confirmation, the consumer may choose at any time to cancel the sale by notifying the telemarketer in writing, if the consumer returns to the telemarketer the goods sold in substantially the same condition as when they were received by the consumer. A telemarketer that has received such notice to cancel from a consumer shall, within ten business days:

(1) Refund all payments made, including any down payment made under the agreement;

(2) Return any goods or property traded in to the seller on account of or in contemplation of the agreement, in substantially the same condition as when received by the telemarketer; and

(3) Take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement.

Source: SL 1997, ch 222, § 7.
S.D. Codified Laws § 37-25A-38 — SD Code / Title 37 / Chapter 25A / Section 37-25A-38
Offers to sell made in this state
Status: in_force

For the purpose of this chapter, an offer to sell is made in this state, whether either party is then present in this state, if:

(1) The offer originates from this state; or

(2) The offer is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer.

Source: SL 1985, ch 305, § 38.
S.D. Codified Laws § 37-22-9 — SD Code / Title 37 / Chapter 22 / Section 37-22-9
Entry on premises and testing of scales
Status: in_force

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: SDC 1939, § 63.0304; SL 2004, ch 17, § 269; SL 2016, ch 183, § 47.
S.D. Codified Laws § 37-35A-4 — SD Code / Title 37 / Chapter 35A / Section 37-35A-4
Firearm discrimination by financial institutions--Discrimination generally prohibited
Status: in_force

A financial institution may not discriminate against a firearms dealer by:

(1) Declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code to the merchant or the transaction;

(2) Limiting or declining to do business with a customer, potential customer, or merchant, based on the assignment or non-assignment of a firearms code to previous lawful transactions involving the customer, potential customer, or merchant;

(3) Charging a merchant a higher transaction or interchange fee for a lawful transaction based on the assignment or non-assignment of a firearms code; or

(4) Taking any other action against a customer or merchant with the intent of suppressing lawful commerce involving firearms, firearm accessories or components, or ammunition, if the action is based solely or in part on the customer's or merchant's business involving firearms, firearm accessories or components, or ammunition.

Source: SL 2025, ch 165, § 4.
S.D. Codified Laws § 37-6-4 — SD Code / Title 37 / Chapter 6 / Section 37-6-4
Definition of terms used in mark registration law
Status: in_force

Terms used in §§ 37-6-4 to 37-6-27 , inclusive, mean:

(1) "Applicant," embraces the person filing an application for registration of a mark under § 37-6-5 , the person's legal representatives, successors, or assigns;

(2) "Emblem," any badge, motto, button, decoration, charm, rosette, or such other insignia;

(3) "Mark," includes any trademark or service mark entitled to registration under §§ 37-6-4 to 37-6-27 , inclusive, whether registered or not;

(4) "Person," any individual, firm, partnership, limited liability company, corporation, association, union or other organization;

(5) "Registrant," the person to whom the registration of a mark under § 37-6-13 is issued, the person's legal representatives, successors, or assigns;

(6) "Service mark," a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others;

(7) A service mark is "used" if it is used or displayed in the sale or advertising of services and the services are rendered in this state;

(8) "Trademark," any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold by such person and to distinguish them from goods made or sold by others;

(9) For the purposes of §§ 37-6-4 to 37-6-27 , inclusive, a trade mark is "used" if it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state.

Source: SDC 1939, § 51.0902; SL 1955, ch 232, § 1; SDC Supp 1960, § 51.0901; SL 1980, ch 264, § 2; SL 1994, ch 351, § 86.
S.D. Codified Laws § 37-24-5.2 — SD Code / Title 37 / Chapter 24 / Section 37-24-5.2
Transactions not considered door to door sales
Status: in_force

The term "door to door sale" shall not include any transaction:

(1) Made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment having a fixed permanent location where the goods are exhibited or the services are offered for sale on a continuing basis; or

(2) In which the consumer is accorded the right of rescission by the provisions of the Consumer Credit Protection Act (15 U.S.C. 1635); or

(3) In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days; or

(4) Conducted and consummated entirely by mail or telephone, and without any other contact between the buyer and the seller or its representative prior to delivery of the goods or performance of the services; or

(5) In which the buyer has initiated the contact and specifically requested the seller to visit his home for the purpose of repairing or performing maintenance upon the buyer's personal property. If in the course of such a visit, the seller sells the buyer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services would not fall within this exclusion; or

(6) Pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker-dealer registered with the Division of Insurance, Department of Labor and Regulation; or

(7) Pertaining to the sale, lease or repair of motor vehicles, metal buildings, farm machinery or implements, or mobile homes, by a dealer having a fixed permanent location and place of business in South Dakota where such goods and services are offered on a continuing basis.

Source: SDCL § 37-24-1 as added by SL 1975, ch 244, § 1; SL 1976, ch 238; SL 1979, ch 260; SL 2003, ch 272 (Ex. Ord. 03-1), § 26; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-25A-32 — SD Code / Title 37 / Chapter 25A / Section 37-25A-32
Promulgation of rules and forms
Status: in_force

The director of the Division of Insurance may promulgate rules pursuant to chapter 1-26 to carry out the provisions of this chapter including rules and forms governing disclosure documents, applications and reports, and defining any terms. For the purpose of rules and forms, the director may classify business opportunities, persons and matters within the director's jurisdiction, and prescribe different requirements for different classes.

Source: SL 1985, ch 305, § 32; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-22-10 — SD Code / Title 37 / Chapter 22 / Section 37-22-10
Inspection and testing fees
Status: in_force

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, inclusive, twenty-nine dollars;

(2) 2,001 to 5,000 pounds capacity, inclusive, forty-eight dollars;

(3) 5,001 to 40,000 pounds capacity, inclusive, eighty-two dollars;

(4) Over 40,000 pounds capacity, one hundred three dollars;

(5) All livestock scales, one hundred seventy-three dollars.

If a special or emergency inspection is requested, a charge, not to exceed the actual cost of the inspection, including costs for personnel, equipment, and mileage, shall be made and assessed against the requesting person or device owner.

It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and 34-39-3 , 37-21-9.1 , 37-21A-3 , and 37-21A-7 , through the General Appropriations Act.

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, § 1; SL 1980, ch 267, § 1; SL 1984, ch 29, § 5; SL 1986, ch 22, § 13A; SL 1992, ch 277, § 6; SL 2002, ch 183, § 3; SL 2004, ch 17, § 270; SL 2007, ch 224, § 2; SL 2016, ch 183, § 48.
S.D. Codified Laws § 37-21-10 — SD Code / Title 37 / Chapter 21 / Section 37-21-10
Investigation upon complaint
Status: in_force

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 weight or measure, the secretary shall investigate the complaint as soon as possible. The secretary shall make such other inspections of the weights and measures as in the secretary's judgment are necessary or proper to be made, except where inspection is provided for by chapter 37-22 or 37-22A .

Source: SDC 1939, § 63.0106; SL 2004, ch 17, § 250; SL 2016, ch 183, § 26.
S.D. Codified Laws § 37-35A-1 — SD Code / Title 37 / Chapter 35A / Section 37-35A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Ammunition," firearm ammunition and cartridge casings, primers, bullets, and propellant powder, designed for use in a firearm;

(2) "Assignment," a financial institution's policy, process, or practice, which labels, links, or otherwise associates a firearms code with a merchant or payment card transaction, in a manner that allows the financial institution or any other entity facilitating or processing the payment card transaction to identify whether:

(a) A merchant is a firearms dealer; or

(b) A transaction involves the sale of firearms or ammunition;

(3) "Customer," any person engaged in a payment card transaction that a financial institution facilitates or processes and any person, or the person's duly authorized representative, who has transacted business with or has used the services of a financial institution, or for whom a financial institution has acted as a fiduciary in relation to an account maintained in the person's name;

(4) "Disclosure," the transfer, publication, or distribution of protected financial information to another person, for any purpose other than to process or facilitate a payment card transaction;

(5) "Financial institution," a bank, savings and loan association, trust company, or credit union chartered pursuant to any state or federal law; a regulated consumer lender, a money service business, payment card issuer, or other institution that is by law under the jurisdiction of the Division of Banking; and an entity involved in facilitating or processing a payment card transaction, including a bank, acquirer, gateway, payment card network, or payment card issuer;

(6) "Financial record," any:

(a) Original or copy of a record or document held by a financial institution, which pertains to a customer of the financial institution, including any record of a transaction conducted by means of a customer bank communication terminal or other electronic device;

(b) A record held by a financial institution, which relates to a payment card transaction that the financial institution has processed or facilitated; and

(c) Information derived from any record or document referenced in this subdivision;

(7) "Firearm," a weapon that is capable of expelling, is designed to expel, or may readily be converted to expel a projectile by action of an explosive;

(8) "Firearm accessory or component," any:

(a) Device that is specifically adapted to enable the carrying, storage, or wearing of a firearm;

(b) Device that is specifically adapted to enable the mounting of a firearm in or on any conveyance;

(c) Device that is specifically adapted to be inserted into or affixed to a firearm to alter, enable, or improve the capabilities or the functioning of the firearm;

(d) Ammunition carrier, aftermarket grip or stock, brace, flash suppressor, folding stock, laser sight, light for target illumination, magazine, sound suppressor, speed loader, telescopic sight, or any other item used in conjunction with or mounted upon a firearm; and

(e) Equipment, machinery, material, tool, or other component used in making, manufacturing, or reloading ammunition;

(9) "Firearms code," an indicator or code that:

(a) A financial institution assigns to a merchant or to a payment card transaction and which identifies whether a merchant is a firearms dealer or whether the payment card transaction involves the purchase of a firearm, firearm accessories or components, or ammunition; and

(b) Includes a merchant category code assigned to a retailer by a payment card network or other financial institution;

(10) "Firearms dealer," any:

(a) Retailer or merchant of firearm accessories or components;

(b) Any person engaged in the lawful business of selling or trading firearms or antique firearms, as those terms are defined in 18 U.S.C. § 921 (January 1, 2025); or

(c) Any person engaged in the lawful business of selling ammunition for use in firearms or antique firearms;

(11) "Governmental entity," this state, any political subdivision of this state, and any agency or instrumentality of this state or a political subdivision of this state;

(12) "Merchant," an individual or entity accepting a payment card from a customer for the purchase of a good or service, including a firearms dealer that accepts payment cards for the lawful purchase of firearms, firearm accessories or components, or ammunition;

(13) "Payment card," a charge card, credit card, debit card, or any other card that is issued to an authorized user and allows the user to purchase goods or services from a merchant; and

(14) "Protected financial information," any record of a sale, purchase, return, or refund, involving a payment card that is retrieved, characterized, generated, labeled, sorted, or grouped based on the assignment of a firearms code, provided a customer's protected financial information refers to protected financial information appearing in the financial records of a customer.

Source: SL 2025, ch 165, § 1.
S.D. Codified Laws § 37-31-8 — SD Code / Title 37 / Chapter 31 / Section 37-31-8
Restrictions on resale or lease of returned devices
Status: in_force

No nonconforming assistive device returned by a consumer or assistive device lessor in this state, or by a consumer or assistive device lessor in another state under a similar law of that state, may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.

Source: SL 1996, ch 242, § 9.
S.D. Codified Laws § 37-2-8 — SD Code / Title 37 / Chapter 2 / Section 37-2-8
Analyses by qualified laboratory--Distillation test methods
Status: in_force

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, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2005, ch 207, § 3; SL 2006, ch 202, § 4; SL 2016, ch 183, § 11.
S.D. Codified Laws § 37-35A-8 — SD Code / Title 37 / Chapter 35A / Section 37-35A-8
Defense unavailing
Status: in_force

It is not a defense to an action filed pursuant to this chapter that information was disclosed to a federal government entity, unless the disclosure or action was based on a good faith conclusion that the disclosure or action was required by federal law or regulation.

Source: SL 2025, ch 165, § 8.
S.D. Codified Laws § 37-30-11 — SD Code / Title 37 / Chapter 30 / Section 37-30-11
Solicitor required to file financial report--Time period--Form and contents--Failure to file reports as misdemeanor
Status: in_force

A paid solicitor shall file a financial report for the campaign with the attorney general no more than ninety days after a solicitation campaign has been completed, and on the anniversary of the commencement of any solicitation campaign which lasts more than one year. The financial report shall include gross revenue and an itemization of all expenditures incurred. The report shall be completed on a form prescribed by the attorney general. An authorized official of the paid solicitor and two authorized officials of the charitable organization shall sign such report and they shall certify, under oath, that such report is true and complete to the best of their knowledge. Any paid solicitor who fails to report as provided by this section is guilty of a Class 1 misdemeanor.

Source: SL 1990, ch 314, § 11.
S.D. Codified Laws § 37-5B-34 — SD Code / Title 37 / Chapter 5B / Section 37-5B-34
Copies of notice filings and orders
Status: in_force

The director shall upon request furnish copies to any person, at a reasonable charge, certified under the director's seal of office if certification is requested, of any notice filing, application and order on file in the director's office. Any copy so certified is admissible in evidence under chapter 19-4 .

Source: SL 2008, ch 203, § 34.
S.D. Codified Laws § 37-24-6.1 — SD Code / Title 37 / Chapter 24 / Section 37-24-6.1
Electronic cash registers required to display transactions and issue receipts--Violation as petty offense
Status: in_force

Any person who owns or operates a retail outlet which uses an electronic cash register which does not provide each customer with a receipt for every transaction or does not display the transaction on the cash register so that it is visible to the customer commits a petty offense. Each violation of this section is a separate offense.

Source: SL 1976, ch 239; SL 1977, ch 190, § 295; SL 1992, ch 158, § 99.
S.D. Codified Laws § 37-25A-24 — SD Code / Title 37 / Chapter 25A / Section 37-25A-24
Period bond required--Notice required prior to lapse
Status: in_force

If the seller is required to obtain a surety bond, the seller shall maintain a surety bond for the duration of the guarantee or representation giving rise to the surety bond requirement. Upon expiration of the period of the guarantee, the seller may allow the surety bond to lapse if the seller gives notice to the director and all business opportunity purchasers in this state at least thirty days prior to the lapse of the bond.

Source: SL 1985, ch 305, § 24.
S.D. Codified Laws § 37-24-52 — SD Code / Title 37 / Chapter 24 / Section 37-24-52
Organized retail crime--Each act a misdemeanor or felony
Status: in_force

A person is guilty of organized retail crime if that person, alone or in association with another person, does any of the following:

(1) Knowingly commits an organized retail crime;

(2) Organizes, supervises, conspires, finances, or otherwise manages or assists another person in committing an organized retail crime;

(3) Removes, destroys, deactivates, or knowingly evades any component of an anti-shoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing an organized retail crime; or

(4) Knowingly causes a fire exit alarm to sound or otherwise activate, or deactivates or prevents a fire exit alarm from sounding, in the commission of an organized retail crime by another person.

Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor. Each act in violation of this section over one thousand dollars but under one hundred thousand dollars is a Class 6 felony. Each act in violation of this section over one hundred thousand dollars is a Class 5 felony.

Source: SL 2014, ch 191, § 6.
S.D. Codified Laws § 37-32-5 — SD Code / Title 37 / Chapter 32 / Section 37-32-5
Statement of shipping and handling fees
Status: in_force

If an individual is required to pay shipping or handling fees or any other charges to obtain or use a prize, the following statement shall appear in immediate proximity to each listing of the prize in each place the prize appears in the written prize notice and may not be in less than 12-point boldface type: "YOU MUST PAY $___ IN ORDER TO RECEIVE OR USE THIS ITEM."

Source: SL 1997, ch 223, § 5.
S.D. Codified Laws § 37-4A-1 — SD Code / Title 37 / Chapter 4A / Section 37-4A-1
Definition of terms
Status: in_force

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, agricultural commodity, does not include timber or trees;

(2) "Contractor," any person who, in the ordinary course of business, contracts with a producer to grow or raise agricultural commodities in this state; and

(3) "Producer," any person who produces or causes to be produced an agricultural commodity in a quantity beyond the person's own family use and is able to transfer title to another or who provides management, labor, machinery, facilities, or any other production input for the production of an agricultural commodity.

Source: SL 1997, ch 277, § 1.
S.D. Codified Laws § 37-25A-40 — SD Code / Title 37 / Chapter 25A / Section 37-25A-40
Offers to sell not made in this state
Status: in_force

An offer to sell is not made in this state if:

(1) The publisher circulates in this state any bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or which is published in this state but has had more than two - thirds of its circulation outside this state during the past twelve months; or

(2) A radio or television program originating outside this state is received in this state.

Source: SL 1985, ch 305, § 40.
S.D. Codified Laws § 37-24-50.1 — SD Code / Title 37 / Chapter 24 / Section 37-24-50.1
Motor vehicle repair contractor--Rebate of insurance deductible prohibited--Contract void
Status: in_force

No contractor in this state providing motor vehicle repair, auto body repair, or collision repair services to any person may:

(1) Advertise, promise to provide, or offer any coupon, credit, or rebate to pay all or part of an applicable insurance deductible; or

(2) Pay or rebate all or part of an applicable insurance deductible.

If a contractor violates this section, any contract between the contractor and the person to whom the offer was made, or for whom payment was made, is null and void.

For purposes of this section, "contractor" means a garage, repair shop, or body shop.

Source: SL 2025, ch 164, § 1.
S.D. Codified Laws § 37-25A-44 — SD Code / Title 37 / Chapter 25A / Section 37-25A-44
False or misleading statements or omissions in proceedings or filings prohibited
Status: in_force

No person may make or cause to be made, in any document filed with the director of the Division of Insurance or in any proceeding under this chapter, any statement which is, at the time and in the light of the circumstances under which it is made, false or misleading in any material respect or, in connection with such statement, to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading.

Source: SL 1985, ch 305, § 44; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-10-33 — SD Code / Title 37 / Chapter 10 / Section 37-10-33
Appeal to courts from secretary of revenue
Status: in_force

Any person aggrieved by any decision, order or finding of the secretary of revenue may appeal therefrom as provided by chapter 1-26 .

Source: SL 1966, ch 157, § 16 (4); SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 37-1-3.2 — SD Code / Title 37 / Chapter 1 / Section 37-1-3.2
Monopolies and attempts to monopolize unlawful
Status: in_force

The monopolization by any person, or an attempt to monopolize, or combine, or conspire with any other person or persons, to monopolize any of the trade or commerce within this state shall be unlawful.

Source: SL 1977, ch 305, § 2.
S.D. Codified Laws § 37-25A-1 — SD Code / Title 37 / Chapter 25A / Section 37-25A-1
Definitions
Status: in_force

Terms used in this chapter, unless the context otherwise requires, mean:

(1) "Advertising," any circular, prospectus, advertisement, or other material or any communication by radio, television, pictures, or similar means used in connection with an offer or sale of any business opportunity;

(2) "Business opportunity," a contract or agreement, between a seller and purchaser, express or implied, orally or in writing, wherein it is agreed that the seller shall provide to the purchaser any products, equipment, supplies, or services enabling the purchaser to start a business and the seller represents that:

(a) The seller shall provide or assist the purchaser in finding locations for the use or operation of vending machines, racks, display cases, or other similar devices, on premises neither owned nor leased by the purchaser or seller;

(b) The seller shall provide or assist the purchaser in finding outlets or accounts for the purchaser's products or services;

(c) The seller shall purchase any products made, produced, fabricated, grown, bred, or modified by the purchaser;

(d) The seller guarantees that the purchaser shall derive income from the business which exceeds the price paid to the seller;

(e) The seller shall refund all or part of the price paid to the seller, or repurchase any of the products, equipment, or supplies provided by the seller, if the purchaser is dissatisfied with the business; or

(f) The seller shall provide a marketing plan;

(3) "Director," the director of the Division of Insurance;

(4) "Franchise," a contract or agreement as defined in § 37-5B-1 ;

(5) "Franchisee," a person to whom a franchise is granted;

(6) "Franchisor," a franchisor as defined in § 37-5B-1 ;

(7) "Marketing plan," advice or training provided to the purchaser by the seller pertaining to the sale of any products, equipment, supplies, or services and the advice or training includes, but is not limited to, preparing or providing:

(a) Promotional literature, brochures, pamphlets, or advertising materials;

(b) Training regarding the promotion, operation, or management of the business opportunity; or

(c) Operational, managerial, technical, or financial guidelines or assistance;

(8) "Offer" or "offer to sell," includes every attempt to dispose of a business opportunity for value or solicitation of an offer to purchase a business opportunity;

(9) "On-going business," an existing business that, for at least six months prior to the offer, has been operated from a specific location, has been open for business to the general public and has substantially all of the equipment and supplies necessary for operating the business;

(10) "Person," an individual, corporation, trust, partnership, incorporated or unincorporated association or any other entity;

(11) "Purchaser," a person who enters into a contract or agreement for the acquisition of a business opportunity or a person to whom an offer to sell a business opportunity is directed;

(12) "Sale" or "sell," includes every contract or agreement of sale, contract to sell, disposition of a business opportunity or interest in a business opportunity for value;

(13) "Seller," a person who sells or offers to sell a business opportunity or any agent or person who directly or indirectly acts on behalf of such person or a person recommended by the seller.

Source: SL 1985, ch 305, § 1; SL 2008, ch 203, § 55; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-35-4 — SD Code / Title 37 / Chapter 35 / Section 37-35-4
Made in South Dakota stamp required
Status: in_force

A firearm manufactured or sold in South Dakota pursuant to this chapter shall have the words, Made in South Dakota, clearly stamped on a central metallic part, such as the receiver or frame.

Source: SL 2010, ch 198, § 4.
S.D. Codified Laws § 37-30-12 — SD Code / Title 37 / Chapter 30 / Section 37-30-12
Solicitor required to maintain records--Time periods--Contents of records--Failure to keep records as misdemeanor
Status: in_force

A paid solicitor shall maintain during each solicitation campaign and for not less than three years after the completion of each such campaign the following records, which shall be available to the attorney general for inspection upon request:

(1) The name and address of each contributor and the date and amount of the contribution, provided the attorney general shall not disclose this information except to the extent necessary for investigative or law enforcement purposes;

(2) The name and residence of each employee, agent or other person involved in the solicitation; and

(3) Records of all income received and expenses incurred in the course of the solicitation campaign.

Any paid solicitor who fails to keep records as provided by this section is guilty of a Class 2 misdemeanor.

Source: SL 1990, ch 314, § 12.
S.D. Codified Laws § 37-30-21 — SD Code / Title 37 / Chapter 30 / Section 37-30-21
Power of attorney general to bring action for injunction--Restraint of violations
Status: in_force

If it appears to the attorney general that a person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this chapter, or any rule promulgated under the provisions of this chapter, the attorney general may bring an action in the circuit court to enjoin the acts or practices to enforce compliance with this chapter, or any rule promulgated under the provisions of this chapter. In addition, the attorney general may use the process provided by chapter 21-34 to restrain violations of this chapter.

Source: SL 1990, ch 314, § 21.
S.D. Codified Laws § 37-21-14 — SD Code / Title 37 / Chapter 21 / Section 37-21-14
Seizure and destruction of incorrect weights, measures and devices--Tagging for repairs--Confiscation on failure to repair
Status: in_force

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 incorrect, but may be repaired, the director shall mark or tag as either "condemned for repairs" or "rejected for repairs." The owners or users of any weights, measures, or devices marked or tagged "condemned for repairs" shall have the same repaired or corrected within sixty days. The owners or users may neither use nor dispose of the same in any way, nor remove or deface any such "condemned for repairs" tag or other mark or tag affixed by the director until the device has been placed in service by a registered service agency or agent. The owner or operator of any weights, measures, or devices tagged or marked "rejected for repair" may continue to use the device but shall have the device repaired or corrected within thirty days by a registered service agency or agent. Any weights, measures, or devices which have been "condemned for repairs," or "rejected for repairs" and have not been repaired as required above, shall be confiscated by the director.

Source: SDC 1939, § 63.0105; SL 2004, ch 17, § 253; SL 2006, ch 187, § 13.
S.D. Codified Laws § 37-5B-10 — SD Code / Title 37 / Chapter 5B / Section 37-5B-10
Negotiation of terms
Status: in_force

This chapter does not prevent the negotiation of the terms and conditions of a franchise before it is sold. After the initial offer, a franchisor need not amend its disclosure document to negotiate with an offeree, or make supplementary disclosure to that offeree, by reason of a change negotiated in the terms and conditions of a franchise.

Source: SL 2008, ch 203, § 10.
S.D. Codified Laws § 37-1-14.1 — SD Code / Title 37 / Chapter 1 / Section 37-1-14.1
Venue of actions for violation
Status: in_force

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.

Source: SL 1977, ch 305, § 5.
S.D. Codified Laws § 37-24-54 — SD Code / Title 37 / Chapter 24 / Section 37-24-54
Defenses
Status: in_force

It is not a defense to a charge under this chapter that the property was not stolen, embezzled, or converted property at the time of the violation if the property was explicitly represented to the accused person as being stolen, embezzled, or converted property.

Source: SL 2014, ch 191, § 8.
S.D. Codified Laws § 37-5-4 — SD Code / Title 37 / Chapter 5 / Section 37-5-4
Civil liability for damages from violation
Status: in_force

Each and every person and corporation who or which violates any provision of §§ 37-5-1 to 37-5-3 , inclusive, shall be liable to any dealer damaged thereby for all damages caused to such dealer by such violation.

Source: SL 1951, ch 262, § 2; SDC Supp 1960, § 54.9911; SL 1977, ch 190, § 238.
S.D. Codified Laws § 37-30A-8 — SD Code / Title 37 / Chapter 30A / Section 37-30A-8
Excluded transactions
Status: in_force

The provisions of this chapter do not apply to a transaction:

(1) Made by a merchant who operates an established business that has a fixed permanent location, who displays or offers consumer goods or services for sale on a continuing basis, and less than twenty - five percent of total new sales are made by unsolicited consumer telephone communications;

(2) In which the business establishment making the solicitation is establishing a business - to - business relationship or has a clear, preexisting business relationship with the consumer, if that relationship resulted in the consumer becoming aware of the full name, business address, and telephone number of the establishment; or

(3) In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalog, or other mailing material of the telemarketer that contains:

(a) The name, address, and telephone number of the telemarketer;

(b) A full description of the goods or services being sold along with a list of all prices or fees being requested, including any handling, shipping, sales tax, or delivery charges; and

(c) Any limitations or restrictions that apply to the offer.

Source: SL 1997, ch 222, § 8; SL 2003, ch 212, § 1; SL 2020, ch 171, § 4.
S.D. Codified Laws § 37-5B-48 — SD Code / Title 37 / Chapter 5B / Section 37-5B-48
Injunctive relief
Status: in_force

In addition to all other penalties and remedies provided by this chapter, whether administrative or judicial in nature, the courts of this state have jurisdiction to grant such temporary or permanent injunctive relief as is necessary to prevent and restrain violations of this chapter, and may upon a proper showing appoint a receiver for the property, assets, business, and affairs of a franchisor.

Source: SL 2008, ch 203, § 48.
S.D. Codified Laws § 37-24-57 — SD Code / Title 37 / Chapter 24 / Section 37-24-57
Report by financial institution of exploitation of elder or adult with disability
Status: in_force

A financial institution, as defined in 31 U.S.C. § 5312(a)(2), who voluntarily or mandatorily reports via a suspicious activity report, pursuant to 31 U.S.C. § 5318(g), any possible violation of law or regulation constituting exploitation, as defined in subdivision 22-46-1(5), may also report the information contained in the suspicious activity report to state or local law enforcement. A financial institution is immune from any civil or criminal liability that might otherwise result from complying with this section.

Source: SL 2016, ch 120, § 26.
S.D. Codified Laws § 37-25A-35 — SD Code / Title 37 / Chapter 25A / Section 37-25A-35
Receipt by director as filing--Records maintained--Public inspection
Status: in_force

A document is filed when it is received by the director of the Division of Insurance. The director shall keep a register of all applications for registration and disclosure documents which are or have been effective under this chapter and all orders which have been entered under this chapter. The register shall be available for public inspection. Unless otherwise provided by law, any registration statement, filing, application, or report filed with the director shall be available for public inspection.

Source: SL 1985, ch 305, § 35; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-37-11 — SD Code / Title 37 / Chapter 37 / Section 37-37-11
Time limitation for action
Status: in_force

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the farm machinery to the consumer.

Source: SL 2019, ch 178, § 11.
S.D. Codified Laws § 37-10-17 — SD Code / Title 37 / Chapter 10 / Section 37-10-17
Cost survey price considered competitive price
Status: in_force

In the absence of proof of the price of a competitor, under § 37-10-16 , the lowest cost to the retailer, or the lowest cost to the wholesaler, as the case may be, determined by any cost survey, made pursuant to § 37-10-12 , may be deemed the price of a competitor within the meaning of § 37-10-16 .

Source: SL 1966, ch 157, § 9 (2).
S.D. Codified Laws § 37-7-1 — SD Code / Title 37 / Chapter 7 / Section 37-7-1
Distribution of products as misdemeanor unless labeled as to place of manufacture
Status: in_force

It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article of American Indian art or craft unless the article is clearly and legibly labeled or branded as to place of manufacture.

Source: SL 1963, ch 60, § 1; SL 1977, ch 190, § 248.
S.D. Codified Laws § 37-24-63 — SD Code / Title 37 / Chapter 24 / Section 37-24-63
Genetic material protection--Violation--Civil penalty
Status: in_force

The attorney general, upon petition to the court, may impose a civil penalty against a person for violating § 37-24-60 , 37-24-61 , or 37-24-62 . The amount of the civil penalty may not exceed five thousand dollars per violation.

Source: SL 2026, ch 164, § 5.
S.D. Codified Laws § 37-2-22 — SD Code / Title 37 / Chapter 2 / Section 37-2-22
Collection and analysis of samples--Publication of results
Status: in_force

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 thereof.

Source: SDC 1939, § 22.1511; SDCL, § 39-21-31; SL 1969, ch 91, § 4.
S.D. Codified Laws § 37-24-19 — SD Code / Title 37 / Chapter 24 / Section 37-24-19
Acceptance of assurance of voluntary compliance authorized
Status: in_force

In the enforcement of this chapter, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice alleged to be violative of the chapter from any person who has engaged in, is engaging in, or is about to engage in such act or practice.

Source: SL 1971, ch 218, § 9; SL 1987, ch 29, § 49.
S.D. Codified Laws § 37-2-10 — SD Code / Title 37 / Chapter 2 / Section 37-2-10
Substitution of spurious product for trade name product prohibited
Status: in_force

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.
S.D. Codified Laws § 37-1-16.1 — SD Code / Title 37 / Chapter 1 / Section 37-1-16.1
Judgment in action by state as prima facie evidence in later actions
Status: in_force

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 against him under § 37-1-14.3 as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto.

Source: SL 1977, ch 305, § 11.
S.D. Codified Laws § 37-22-3 — SD Code / Title 37 / Chapter 22 / Section 37-22-3
Installation, inspection, testing, and correction of scales--Promulgation of rules
Status: in_force

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, 2020;

(2) The frequency of inspection of heavy scales; and

(3) The schedule and procedure for the correction of any deficiencies.

Source: SDC 1939, § 63.0301; SL 1949, ch 439; SL 1986, ch 22, § 13; SL 1992, ch 277, § 4; SL 2004, ch 17, § 263; SL 2006, ch 187, § 24; SL 2016, ch 183, § 43; SL 2020, ch 170, § 10.
S.D. Codified Laws § 37-25A-17 — SD Code / Title 37 / Chapter 25A / Section 37-25A-17
Required contract provisions
Status: in_force

Any contract or agreement shall set forth in at least ten - point type or equivalent size, if handwritten, the following:

(1) The terms and condition of any payments due to the seller;

(2) The seller's principal business address and the name and address of the seller's agent in this state authorized to receive service of process;

(3) The business form of the seller, whether corporate, partnership, or otherwise;

(4) The delivery date or, if the contract provides for a periodic delivery of items to the purchaser, the approximate delivery date of the product, equipment, or supplies the seller is to deliver to the purchaser to enable the purchaser to start his business; and

(5) Whether the product, equipment, or supplies are to be delivered to the purchaser's home or business address or are to be placed or caused to be placed by the seller at locations owned or managed by persons other than the purchaser.

Source: SL 1985, ch 305, § 17.
S.D. Codified Laws § 37-6-19 — SD Code / Title 37 / Chapter 6 / Section 37-6-19
Cancellation of registration on court findings
Status: in_force

The secretary of state shall cancel from the register any registration concerning which a court of competent jurisdiction shall find

(1) That the registered mark has been abandoned;

(2) That the registrant is not the owner of the mark;

(3) That the registration was granted improperly; or

(4) That the registration was obtained fraudulently.

Source: SL 1955, ch 232, § 8; SDC Supp 1960, § 51.0908 (4); SL 1980, ch 264, § 15.
S.D. Codified Laws § 37-10-37 — SD Code / Title 37 / Chapter 10 / Section 37-10-37
Damages recovered in injunction proceeding
Status: in_force

In an action pursuant to § 37-10-36 , it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, the plaintiff in such action, in addition to such injunctive relief and costs of suit, shall be entitled to recover from the defendant the actual damages sustained by such plaintiff.

Source: SL 1966, ch 157, § 15 (1).
S.D. Codified Laws § 37-5B-35 — SD Code / Title 37 / Chapter 5B / Section 37-5B-35
Investigations
Status: in_force

The director may make such public or private investigations within or outside of this state as the director deems necessary to determine if any person has violated or is about to violate any rule, order, or provision under this chapter or to aid in the enforcement of this chapter and in the prescribing of rules and forms under this chapter. The director may publish information concerning the violation of any rule, order, or provision under this chapter.

Source: SL 2008, ch 203, § 35.
S.D. Codified Laws § 37-24-56 — SD Code / Title 37 / Chapter 24 / Section 37-24-56
Aggregating amount involved to determine degree of punishment
Status: in_force

In calculating the amount involved in deceptive act violations pursuant to this chapter, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, the amount may be aggregated in determining the degree of punishment of the scheme or course of conduct of the deceptive acts.

Source: SL 2014, ch 191, § 10.
S.D. Codified Laws § 37-6-31 — SD Code / Title 37 / Chapter 6 / Section 37-6-31
Nonresidents entitled to protection of containers
Status: in_force

Any person residing out of the state, or any corporation organized under the laws of any other state or territory, engaged in the business mentioned in § 37-6-28 , shall be entitled to the privilege and protection of §§ 37-6-28 to 37-6-30 , inclusive, if he or it shall cause the record to be made, as provided in § 37-6-28 , in the office of the register of deeds of the county or counties where he, or it, or his, or its duly authorized agents have their place of business within this state.

Source: SDC 1939, § 51.1001.
S.D. Codified Laws § 37-24-15 — SD Code / Title 37 / Chapter 24 / Section 37-24-15
Self-incriminating evidence required on promise of immunity
Status: in_force

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 documents may be compelled in accordance with § 23A-14-29 .

Source: SL 1971, ch 218, § 11; SL 1983, ch 277, § 1; SL 1985, ch 196, § 4; SL 1986, ch 27, § 44.
S.D. Codified Laws § 37-24-49 — SD Code / Title 37 / Chapter 24 / Section 37-24-49
Contractor defined for §§37-24-50and37-24-51
Status: in_force

For the purposes of §§ 37-24-50 and 37-24-51 , the term, contractor, is a residential building contractor who is providing roofing services, a residential remodeler who is providing roofing services, or a residential roofer.

Source: SL 2012, ch 198, § 3.
S.D. Codified Laws § 37-25A-47 — SD Code / Title 37 / Chapter 25A / Section 37-25A-47
Violations as felonies--Separate offenses
Status: in_force

Any person who willfully violates §§ 37-25A-7 to 37-25A-9 , inclusive, 37-25A-14 , 37-25A-16 , 37-25A-23 , 37-25A-24 , 37-25A-43 , 37-25A-45 , and 37-25A-46 or who willfully violates any order of which the person has notice, or who violates § 37-25A-44 knowing that the statement made was false or misleading in any material respect is guilty of a Class 5 felony. Each of the acts specified constitutes a separate offense and a prosecution or conviction for any one of such offenses may not bar prosecution or conviction for any other offense.

Source: SL 1985, ch 305, § 47.
S.D. Codified Laws § 37-20-4 — SD Code / Title 37 / Chapter 20 / Section 37-20-4
Verification and sealing of working standards and field standards
Status: in_force

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. If found accurate by these tests, the field and working standards shall be sealed by stamping the letters "S. D." and the last two figures of the year on them with seals which the secretary of the Department of Public Safety has and keeps for that purpose.

Source: SDC 1939, § 63.0201; SL 1982, ch 278, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2006, ch 187, § 6.
S.D. Codified Laws § 37-5B-36 — SD Code / Title 37 / Chapter 5B / Section 37-5B-36
Request for information
Status: in_force

The director may make a written request to any person for information concerning any investigation being conducted by the director. Failure to respond fully and completely to such a request within fifteen days after receipt thereof constitutes cause for the issuance of a cease and desist order.

Source: SL 2008, ch 203, § 36.
S.D. Codified Laws § 37-24-46 — SD Code / Title 37 / Chapter 24 / Section 37-24-46
Use of automated means to register multiple e-mail accounts from which to initiate unsolicited commercial e-mail advertisements prohibited
Status: in_force

No person may use scripts or other automated means to register for multiple electronic mail accounts from which to do, or to enable another person to do, either of the following:

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from South Dakota, or advertise in an unsolicited commercial e-mail advertisement sent from South Dakota; or

(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a South Dakota electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a South Dakota electronic mail address.

Source: SL 2007, ch 226, § 6.
S.D. Codified Laws § 37-25A-5 — SD Code / Title 37 / Chapter 25A / Section 37-25A-5
Revocation or denial of exemption without hearing pending final determination--Notice--Request for hearing
Status: in_force

If the public interest or the protection of purchasers so requires, the director of the Division of Insurance may by order deny or revoke without a hearing any of the specified exemptions, except the exemption provided in subdivision 37-25A-3(2), pending final determination of any proceedings under this chapter. Upon the entry of the order, the director shall promptly notify all interested parties that an order has been entered and of the reasons therefor and that within fifteen days of the receipt of a written request the matter shall be set for hearing. If no hearing is requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated by the director. If a hearing is requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of an opportunity for hearing to all interested persons, may not modify, vacate, or extend the order until a final determination has been made.

Source: SL 1985, ch 305, § 5; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-30-2 — SD Code / Title 37 / Chapter 30 / Section 37-30-2
Sale of items associated with charity as solicitation--Includes offer or attempt to sell
Status: in_force

For the purposes of this chapter, "solicitation" includes, the sale of, offer or attempt to sell, by telephone, any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, light bulbs, cookies or other tangible item in connection with an appeal made for any charitable organization or purpose, or if the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or if in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale is to be used for any charitable purpose or benefit any charitable organization.

Source: SL 1990, ch 314, § 2.
S.D. Codified Laws § 37-24-47 — SD Code / Title 37 / Chapter 24 / Section 37-24-47
Prohibited commercial e-mail advertisements
Status: in_force

No person may advertise in a commercial e-mail advertisement either sent from South Dakota or sent to a South Dakota electronic mail address under any of the following circumstances:

(1) The e-mail advertisement contains or is accompanied by a third-party's domain name without the permission of the third party;

(2) The e-mail advertisement contains or is accompanied by falsified, misrepresented, or forged header information;

(3) The e-mail advertisement has a subject line that a person knows would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message.

Source: SL 2007, ch 226, § 7.
S.D. Codified Laws § 37-10-25 — SD Code / Title 37 / Chapter 10 / Section 37-10-25
Contracts in violation void--Recovery prohibited
Status: in_force

Any contract, expressed or implied, made by any person in violation of any of the provisions of this chapter, is declared to be an illegal and void contract and no recovery shall be made thereon.

Source: SL 1966, ch 157, § 10.
S.D. Codified Laws § 37-10-6 — SD Code / Title 37 / Chapter 10 / Section 37-10-6
Presumption as to cost of doing business by retailer
Status: in_force

In the absence of the filing with the secretary of revenue of satisfactory proof of a lesser or higher cost of doing business by the retailer making the sale, the cost of doing business by the retailer shall be presumed to be eight percent of the basic cost of cigarettes to the retailer.

Source: SL 1966, ch 157, § 4 (2); SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 37-10-2 — SD Code / Title 37 / Chapter 10 / Section 37-10-2
Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise
Status: in_force

It shall be unlawful and a violation of this chapter for any retailer, wholesaler or other person with intent to injure competitors or destroy or substantially lessen competition,

(1) To advertise, offer to sell, or sell, at retail or wholesale, cigarettes at less than cost as defined in this chapter, to such a retailer or wholesaler, as the case may be, or

(2) To offer a rebate in price, to give a rebate in price, to offer a concession of any kind, or to give a concession of any kind or nature whatsoever in connection with the sale of cigarettes, if such rebate or concession offered or given in connection with the sale of cigarettes is not offered or given by the wholesaler or retailer in the same ratio with respect to all other merchandise as to which such rebate or concession may lawfully be given which is sold by such wholesaler or retailer in the ordinary course of his trade or business.

Source: SL 1966, ch 157, § 3 (1).
S.D. Codified Laws § 37-31-7 — SD Code / Title 37 / Chapter 31 / Section 37-31-7
Other rights and remedies of consumer--Action for damages--Award
Status: in_force

This chapter does not limit rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights under this chapter is void.

In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this chapter. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with cost, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.

Source: SL 1996, ch 242, § 8.
S.D. Codified Laws § 37-30-23 — SD Code / Title 37 / Chapter 30 / Section 37-30-23
"Automatic telephone dialing system" defined
Status: in_force

For the purposes of §§ 37-30-23 to 37-30-29 , inclusive, an automatic telephone dialing system is any automatic terminal equipment which stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistance of a live operator.

Source: SL 1991, ch 322, § 1.
S.D. Codified Laws § 37-21A-4 — SD Code / Title 37 / Chapter 21A / Section 37-21A-4
Issuance of certificate of registration--Assigned number--Duration of certificate
Status: in_force

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 withdrawn by the secretary.

Source: SL 1973, ch 257, § 5; SL 2016, ch 183, § 36.
S.D. Codified Laws § 37-26-10 — SD Code / Title 37 / Chapter 26 / Section 37-26-10
Civil action for damages from violation of chapter--Equitable relief
Status: in_force

In addition to the remedies otherwise provided by law, any person damaged by a violation of any of the provisions of this chapter may bring a civil action and recover damages, together with costs and disbursements, including reasonable attorney's fees, and receive other equitable relief as determined by the court.

Source: SL 1975, ch 246, § 12.
S.D. Codified Laws § 37-25A-55 — SD Code / Title 37 / Chapter 25A / Section 37-25A-55
Civil penalty
Status: in_force

The director may impose a civil penalty against a person named in an order issued under § 37-25A-30 for violation of §§ 37-25A-7 , and 37-25A-43 to 37-25A-46 , inclusive. The amount of the civil penalty may not exceed five thousand dollars for each act or omission that constitutes the basis for issuing the order. Any civil penalty collected pursuant to this section shall be deposited into the state general fund. The civil penalty may only be imposed:

(1) Following an opportunity for a hearing under § 37-25A-30 if notice delivered to all named persons includes notice of the director's authority to impose a civil penalty under this section; or

(2) As part of an order issued pursuant to subdivision 37-25A-30(1) if the order is stipulated to by each person subject to the civil penalty.

Source: SL 2008, ch 203, § 59.
S.D. Codified Laws § 37-25A-45 — SD Code / Title 37 / Chapter 25A / Section 37-25A-45
Filing and registration not constituting finding of truthfulness or approval--Contrary representations prohibited
Status: in_force

Neither the fact that an application for registration has been filed nor the fact that a business opportunity is effectively registered constitutes a finding by the director of the Division of Insurance that any document filed under this chapter is true, complete and not misleading. Neither any such fact nor the fact that an exemption or exception is available for a business opportunity means that the director has passed upon the merits or qualifications of, or recommend or given approval to, any person or business opportunity. No person may make or cause to be made to any purchaser any representation inconsistent with the foregoing.

Source: SL 1985, ch 305, § 45; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-24-35 — SD Code / Title 37 / Chapter 24 / Section 37-24-35
Severability of provisions
Status: in_force

If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision of application, and to this end the provisions of this chapter are declared to be severable.

Source: SL 1971, ch 218, § 17.
S.D. Codified Laws § 37-1-11.3 — SD Code / Title 37 / Chapter 1 / Section 37-1-11.3
Confidentiality of evidence produced on demand--Waiver
Status: in_force

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 confidentiality is waived in writing by the person being investigated and the person who has testified, answered interrogatories, or produced material, or disclosure is authorized by the court.

Source: SL 1977, ch 305, § 8.
S.D. Codified Laws § 37-24-22 — SD Code / Title 37 / Chapter 24 / Section 37-24-22
Reopening of matters closed by acceptance of assurance
Status: in_force

Matters closed by the acceptance of an assurance of voluntary compliance may at any time be reopened by the attorney general for further proceedings in the public interest, pursuant to § 37-24-23 .

Source: SL 1971, ch 218, § 9.
S.D. Codified Laws § 37-37-8 — SD Code / Title 37 / Chapter 37 / Section 37-37-8
Attorney fees
Status: in_force

If the manufacturer has breached the manufacturer's obligations imposed under this chapter, the consumer may recover an award for reasonable attorney fees.

Source: SL 2019, ch 178, § 8.
S.D. Codified Laws § 37-4-3 — SD Code / Title 37 / Chapter 4 / Section 37-4-3
Members to comply with rules, regulations, and bylaws--Fees and assessments
Status: in_force

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 1939, § 54.0802.
S.D. Codified Laws § 37-30-14 — SD Code / Title 37 / Chapter 30 / Section 37-30-14
All funds to be deposited in bank account--Charitable organization to have sole or joint control--Failure to comply as misdemeanor
Status: in_force

All funds collected by the paid solicitor shall be deposited in a bank account. The bank account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole or joint control of the account. Any violation of this section is a Class 2 misdemeanor.

Source: SL 1990, ch 314, § 14.
S.D. Codified Laws § 37-5-11 — SD Code / Title 37 / Chapter 5 / Section 37-5-11
Restriction of jurisdiction or venue to out-of-state forum or requiring application of foreign law prohibited
Status: in_force

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 construction equipment and a retail dealer restricting jurisdiction or venue to a forum outside this state or requiring the application of the laws of another state to disputes arising under the agreement is void as a matter of public policy.

Source: SL 1991, ch 319, § 1; SL 2012, ch 197, § 2.
S.D. Codified Laws § 37-5B-50 — SD Code / Title 37 / Chapter 5B / Section 37-5B-50
Limitation of actions
Status: in_force

No person may obtain relief for an action pursuant to § 37-5B-49 :

(1) In an action for rescission pursuant to §§ 37-5B-4 , 37-5B-7 to 37-5B-9 , inclusive, or 37-5B-17 unless the action is instituted within one year after the violation occurred;

(2) In an action for actual damages, costs, and attorneys and experts fees unless instituted within the earlier of two years after discovery of the facts constituting the violation or three years after the violation; or

(3) Upon receipt by the franchisee of a rescission offer in a form approved by the director unless the action is instituted within ninety days after the receipt by the franchisee of a rescission.

Source: SL 2008, ch 203, § 50.
S.D. Codified Laws § 37-22-17 — SD Code / Title 37 / Chapter 22 / Section 37-22-17
Prohibited acts--Misdemeanor
Status: in_force

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 destroying any seal placed upon any scale by any agent, employee, or scale inspector of the department for the purpose of fixing or preserving the adjustment of the scale in order to ensure its accuracy;

(3) Removing, defacing, or destroying any seal, tag, card, notice, or other device placed upon any scale by any agent, employee, or scale inspector of the department for the purpose of indicating that the scale has been condemned, and may not be used;

(4) Using or permitting the use of any scale that has been tested and found to be incorrect, before it is again tested and found to be correct and the further use of the scale is authorized or consented to by the department;

(5) Preventing or attempting to prevent or in any way interfering with any agent, employee, or scale inspector of the department from entering the premises where a scale may be kept, or inspecting or testing a scale; or

(6) Neglecting to observe any rule or regulation of the department relating to a scale;

Source: SDC 1939, § 63.9906; SL 1977, ch 190, § 293; SL 2004, ch 17, § 274; SL 2016, ch 183, § 52.
S.D. Codified Laws § 37-24-2 — SD Code / Title 37 / Chapter 24 / Section 37-24-2
Unordered merchandise as gift--Right to refuse--Exceptions
Status: in_force

Unless otherwise agreed, if unordered merchandise is delivered in person or by mail or common carrier to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unordered merchandise shall be deemed an unconditional gift to the recipient, who may use it in any manner without any obligation to the sender. This section does not apply if there is evidence of an obvious misdelivery, or the merchandise is offered in good faith in substitution for merchandise ordered.

Source: SL 1971, ch 218, § 2 (c); SL 1992, ch 278, § 4.
S.D. Codified Laws § 37-25A-20 — SD Code / Title 37 / Chapter 25A / Section 37-25A-20
Summary suspension or postponement of effectiveness of registration--Notice--Hearing--Modification
Status: in_force

The director of the Division of Insurance may by order summarily postpone or suspend the effectiveness of the registration pending final determination of any proceeding under this chapter. Upon the entry of the order, the director shall promptly notify the seller that the order has been entered and of the reasons therefor and that within fifteen days after the receipt of a written request the matter shall be set for hearing. If no hearing is requested and none is ordered by the director, the order shall remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of an opportunity for hearing to the seller, may modify, vacate, or extend the order until final determination.

Source: SL 1985, ch 305, § 20; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-32-2 — SD Code / Title 37 / Chapter 32 / Section 37-32-2
Payment not allowed as requirement to receive written prize notice
Status: in_force

If a solicitor represents to an individual that the individual has won or will receive a prize, the solicitor may not request, and the solicitor or sponsor may not accept, a payment from the individual in any form before the individual receives a written prize notice that contains all of the information required by § 37-32-3 .

Source: SL 1997, ch 223, § 2.
S.D. Codified Laws § 37-5B-14 — SD Code / Title 37 / Chapter 5B / Section 37-5B-14
Exemptions from notice filing
Status: in_force

The following franchises are subject to this chapter but are exempt from § 37-5B-4 if any of the following conditions are satisfied:

(1) The offer or sale to an existing franchisee of an additional franchise that is substantially the same as the franchise that the franchisee has operated for at least two years at the time of the offer or sale; or

(2) The offer or sale of a franchise to a bank, saving and loan association, financial organization or life insurance corporation within the meanings given these terms by chapters 43-41B , 52-1 , and 58-1 .

Source: SL 2008, ch 203, § 14.
S.D. Codified Laws § 37-2-33 — SD Code / Title 37 / Chapter 2 / Section 37-2-33
Sale of products containing or treated with ether prohibited--Exception--Construction
Status: in_force

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 methyl tertiary butyl ether with the petroleum product during storage or transfer of the petroleum product and the concentration of methyl tertiary butyl ether in the petroleum product does not exceed one - half of one percent by volume. In no event may the provisions of this section be construed to permit the knowing or willful addition of methyl tertiary butyl ether to any petroleum product.

Source: SL 2001, ch 211, § 1.
S.D. Codified Laws § 37-35A-7 — SD Code / Title 37 / Chapter 35A / Section 37-35A-7
Civil action--Injunction--Damages--Attorney’s fees
Status: in_force

If an individual or entity, public or private, is found to be in violation of this chapter after the later of the expiration of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, the attorney general must pursue an injunction against the individual or entity, in a court of competent jurisdiction in the circuit court for the county where the alleged violation occurred.

If a court finds that an individual or entity continues to be in violation of this chapter after the later of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, or after a finding of a violation of this chapter by a court, the court must enjoin the individual or entity from continuing to violate this chapter.

If thirty days after the issuance of an injunction an individual or entity knowingly and willfully fails to comply, as provided for in this section, the court must impose a civil penalty in the amount of twenty-five thousand dollars or the amount of actual damages for each violation occurring after the conclusion of the thirty-day period. In assessing the penalty, the court may consider the financial resources of the violator and any harm or risk of harm to an individual's rights under the U.S. Const. amend. II, resulting from the violation. The court shall forward any civil penalty collected under this section to the state treasurer, for deposit in the general fund.

In addition to the remedies provided for in this section, the attorney general or a petitioner who prevails in an action under this chapter shall recover costs and reasonable attorney's fees.

Source: SL 2025, ch 165, § 7.
S.D. Codified Laws § 37-10-18 — SD Code / Title 37 / Chapter 10 / Section 37-10-18
Isolated transactions exempt from chapter
Status: in_force

The provisions of this chapter shall not apply to sales at retail or sales at wholesale made as an isolated transaction and not in the usual course of business.

Source: SL 1966, ch 157, § 8 (1).
S.D. Codified Laws § 37-6-26 — SD Code / Title 37 / Chapter 6 / Section 37-6-26
Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages
Status: in_force

Subject to the provisions of § 37-6-27 , any person who shall reproduce, counterfeit, copy, or colorably imitate any mark registered under § 37-6-13 and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in § 37-6-24 , except that the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive.

Source: SL 1955, ch 232, § 11; SDC Supp 1960, § 51.0911 (2); SL 1980, ch 264, § 19.
S.D. Codified Laws § 37-10-40 — SD Code / Title 37 / Chapter 10 / Section 37-10-40
Citation of chapter
Status: in_force

This chapter shall be known and may be cited as the Unfair Cigarette Sales Act.

Source: SL 1966, ch 157, § 1.
S.D. Codified Laws § 37-20-1.1 — SD Code / Title 37 / Chapter 20 / Section 37-20-1.1
Federally supplied weights and measures adopted as state standards
Status: in_force

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 in conformity therewith and certified to by the National Institute of Standards and Technology, shall be the state reference standards of weights and measures.

Source: SDC 1939, § 63.0201; SL 2006, ch 187, § 3; SDCL § 37-20-1 .
S.D. Codified Laws § 37-5B-9 — SD Code / Title 37 / Chapter 5B / Section 37-5B-9
Phase-in of financial statements
Status: in_force

For the purposes of § 37-5B-7 , a start-up franchisor may phase-in the disclosure of audited financial statements, if the franchisor:

(1) Prepares audited financial statements as soon as practicable;

(2) Prepares unaudited statements in a format that conforms as closely as possible to audited statements; and

(3) Includes one or more years of unaudited financial statements or clearly and conspicuously discloses in the disclosure document that the franchisor has not been in business for three years or more, and cannot include all of the financial statements required in the disclosure document such as the franchisor's balance sheet for the previous two fiscal year-ends before the disclosure document issuance date and statements of operations, stockholders equity, and cash flows for each of the franchisor's previous three fiscal years.

Source: SL 2008, ch 203, § 9.
S.D. Codified Laws § 37-30A-16 — SD Code / Title 37 / Chapter 30A / Section 37-30A-16
Violation as misdemeanor
Status: in_force

Any person who knowingly or intentionally violates this chapter with the intent to defraud a consumer is guilty of a Class 1 misdemeanor.

Source: SL 1997, ch 222, § 16.
S.D. Codified Laws § 37-24-45 — SD Code / Title 37 / Chapter 24 / Section 37-24-45
Obtaining e-mail addresses by automated means to initiate unsolicited commercial e-mail advertisements prohibited
Status: in_force

No person may use an electronic mail address obtained by using automated means based on a combination of names, letters, or numbers to do either of the following:

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from South Dakota, or advertise in an unsolicited commercial e-mail advertisement sent from South Dakota; or

(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a South Dakota electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a South Dakota electronic mail address.

Source: SL 2007, ch 226, § 5.
S.D. Codified Laws § 37-5-7 — SD Code / Title 37 / Chapter 5 / Section 37-5-7
Determination of prices to be paid to dealer on cancellation of contract
Status: in_force

The prices of merchandise required to be paid to any dealer as provided in § 37-5-5 , shall be determined by taking one hundred percent of the net cost of the merchandise, and ninety - five percent of the current net price of repair parts for the merchandise as shown upon the manufacturer's, wholesaler's, or distributor's price lists or catalogues in effect at the time the contract is canceled or discontinued. The prices for any specialized computer hardware and software, specialized tool, or signage shall be as specified in § 37-5-5.5 . For purposes of §§ 37-5-5 to 37-5-9 , inclusive, if any dealer has actual proof of purchase of any repair parts or other merchandise from any manufacturer, wholesaler, or distributor, or its predecessor, the repair parts even though not currently listed in any price list or catalog and all other merchandise, purchased within ten years of the dealership cancellation or termination shall be repurchased at the original purchase price.

Source: SL 1969, ch 206, § 2; SL 1970, ch 219, § 5; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1 ; SL 1989, ch 336, § 2; SL 1995, ch 228, § 5; SL 2000, ch 201, § 2; SL 2001, ch 212, § 3; SL 2004, ch 254, § 9.
S.D. Codified Laws § 37-5B-7 — SD Code / Title 37 / Chapter 5B / Section 37-5B-7
Updating disclosure documents
Status: in_force

There is no filing required with the division for updating disclosure documents; but disclosure information shall be updated as follows:

(1) Any information in the disclosure document shall be current as of the close of the franchisor's most recent fiscal year. After the close of the fiscal year, the franchisor shall, within one hundred twenty days, prepare a revised disclosure document, after which a franchise seller may distribute only the revised document and no other disclosure document;

(2) The franchisor shall, within a reasonable time after the close of each quarter of the fiscal year, prepare revisions to be attached to the disclosure document to reflect any material change to the disclosures included, or required to be included, in the disclosure document. Each prospective franchisee shall receive the disclosure document and the quarterly revisions for the most recent period available at the time of disclosure;

(3) If applicable, the annual update shall include the franchisor's first quarterly update, either by incorporating the quarterly update information into the disclosure document itself, or through an addendum;

(4) When furnishing a disclosure document, the franchise seller shall notify the prospective franchisee of any material changes that the seller knows or should have known occurred in the information contained in any financial performance presentation; and

(5) Information that must be audited pursuant to the disclosure requirements need not be audited for quarterly revisions if the franchisor states in immediate conjunction with the information that the information was not audited.

Source: SL 2008, ch 203, § 7.
S.D. Codified Laws § 37-7-2 — SD Code / Title 37 / Chapter 7 / Section 37-7-2
Sale of mislabeled product as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article of American Indian art or craft which is mislabeled or misbranded as to place of manufacture. Any such article shall be deemed mislabeled or misbranded if its label or brand is not clear and legible or if its label or brand bears any statement, design, or graphic representation relative to its place of manufacture which is false or misleading in any particular.

Source: SL 1963, ch 60, § 2; SL 1977, ch 190, § 249.
S.D. Codified Laws § 37-5-12.3 — SD Code / Title 37 / Chapter 5 / Section 37-5-12.3
Contract defined
Status: in_force

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.
S.D. Codified Laws § 37-2-42 — SD Code / Title 37 / Chapter 2 / Section 37-2-42
Distributors--Federal requirements
Status: in_force

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, § 5.
S.D. Codified Laws § 37-34-2 — SD Code / Title 37 / Chapter 34 / Section 37-34-2
Debt adjusting--Misdemeanor
Status: in_force

Except as provided in § 37-34-3 , no person may engage in the business of debt adjusting. A violation of this section is a Class 2 misdemeanor.

Source: SL 1990, ch 387, § 2; SDCL § 22-47-2; SL 2005, ch 120, § 295.
S.D. Codified Laws § 37-21-5 — SD Code / Title 37 / Chapter 21 / Section 37-21-5
Regulations for enforcement of standards
Status: in_force

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.
S.D. Codified Laws § 37-33-5 — SD Code / Title 37 / Chapter 33 / Section 37-33-5
"Consideration" defined
Status: in_force

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, consideration, means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities.

Source: SL 2003, ch 213, § 5.
S.D. Codified Laws § 37-36-5 — SD Code / Title 37 / Chapter 36 / Section 37-36-5
Bond
Status: in_force

Upon motion by a target and a finding by the court that the target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim and amounts reasonably likely to be recovered under this chapter, conditioned upon payment of any amounts finally determined to be due to the target. The court shall hold a hearing to determine the amount of the bond on the request of either party. A bond ordered pursuant to this section may not exceed two hundred fifty thousand dollars. The court may waive the bond requirement if the court finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.

Source: SL 2014, ch 192, § 5.
S.D. Codified Laws § 37-29-7 — SD Code / Title 37 / Chapter 29 / Section 37-29-7
Effect on other law
Status: in_force

(a) Except as provided in subsection (b), this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.

(b) This chapter does not affect:

(1) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(2) Other civil remedies that are not based upon misappropriation of a trade secret; or

(3) Criminal remedies, whether or not based upon misappropriation of a trade secret.

Source: SL 1988, ch 354, § 7.
S.D. Codified Laws § 37-2-4 — SD Code / Title 37 / Chapter 2 / Section 37-2-4
Remedies cumulative
Status: in_force

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.
S.D. Codified Laws § 37-33-8 — SD Code / Title 37 / Chapter 33 / Section 37-33-8
Certain plans not defined as pyramid promotional schemes
Status: in_force

Nothing in §§ 37-33-1 to 37-33-11 , inclusive, may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale so long as the plan or operation does not promote or induce inventory loading and the plan or operation implements an appropriate inventory repurchase program.

Source: SL 2003, ch 213, § 8.
S.D. Codified Laws § 37-33-3 — SD Code / Title 37 / Chapter 33 / Section 37-33-3
"Pyramid promotional scheme" defined
Status: in_force

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, pyramid promotional scheme, means any plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other persons into the plan or operation rather than from the sale and consumption of goods, services, or intangible property by a participant or other persons introduced into the plan or operation. The term includes any plan or operation under which the number of persons who may participate is limited either expressly or by the application of conditions affecting the eligibility of a person to receive compensation under the plan or operation, or any plan or operation under which a person, on giving any consideration, obtains any goods, services, or intangible property in addition to the right to receive compensation.

Source: SL 2003, ch 213, § 3.
S.D. Codified Laws § 37-37-3 — SD Code / Title 37 / Chapter 37 / Section 37-37-3
Replacement of farm machinery which cannot be repaired--Return of farm machinery and refund
Status: in_force

If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the farm machinery to any express warranty by repairing or correcting a nonconforming condition of the farm machinery which first occurred during the lemon law rights period, the manufacturer shall, through its authorized dealer, at the option of the consumer, replace the farm machinery with comparable new farm machinery and shall refund the customer all collateral charges, including any excise tax, or shall accept return of the farm machinery from the consumer and refund to the consumer the following:

(1) The full contract price including charges for dealer preparation, transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

(2) All collateral charges, including excise tax;

(3) All finance charges incurred by the consumer after the consumer first reported the nonconformity to the manufacturer or its authorized dealer; and

(4) Any incidental damages which shall include the reasonable cost of alternative farm machinery during the period that the consumer is without the use of the farm machinery because of the nonconforming condition.

Source: SL 2019, ch 178, § 3.
S.D. Codified Laws § 37-10-9 — SD Code / Title 37 / Chapter 10 / Section 37-10-9
Computation of cost to wholesaler--Expenses included
Status: in_force

Cost to the wholesaler shall mean the basic cost of cigarettes to the wholesaler plus the cost of doing business by the wholesaler, as evidenced by the standards and methods of accounting regularly employed by him in his allocation of overhead costs and expenses, paid or incurred, and must include, without limitation, labor costs, including salaries of executives and officers, rent, depreciation, selling costs, maintenance of equipment, delivery costs, all types of licenses, taxes, insurance, and advertising.

Source: SL 1966, ch 157, § 5 (1).
S.D. Codified Laws § 37-37-6 — SD Code / Title 37 / Chapter 37 / Section 37-37-6
Civil action to enforce chapter--Notice and final opportunity to cure
Status: in_force

A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform the manufacturer's obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer shall give notice of a nonconforming condition by certified mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time the notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the farm machinery to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the farm machinery to the express warranty within a period not to exceed fourteen calendar days. If a manufacturer has established an informal dispute settlement procedure conducted within the state which is in compliance with federal rules and regulations, a consumer shall first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

Source: SL 2019, ch 178, § 6.
S.D. Codified Laws § 37-10-22 — SD Code / Title 37 / Chapter 10 / Section 37-10-22
Sales by officer acting under court order exempt from chapter
Status: in_force

The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold by any officer acting under the order or direction of any court.

Source: SL 1966, ch 157, § 8 (5).
S.D. Codified Laws § 37-2-3 — SD Code / Title 37 / Chapter 2 / Section 37-2-3
Difference in selling prices as prima facie evidence of violation
Status: in_force

Proof of the selling of gasoline, kerosene, or liquefied petroleum gases by any person, firm, company, association, or corporation at a lower rate in one section, community, or municipality of this state than such firm, person, company, association, or corporation charges for such commodity in another section, community, or municipality, after making due allowance for the difference, if any, in the grade or quality, and in the cost of transportation from the refinery shall constitute prima facie evidence of a violation of § 37-2-1 .

Source: SDC 1939, § 54.0902.
S.D. Codified Laws § 37-17-3 — SD Code / Title 37 / Chapter 17 / Section 37-17-3
Farmers exempt when disposing of implements
Status: in_force

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.
S.D. Codified Laws § 37-24-11 — SD Code / Title 37 / Chapter 24 / Section 37-24-11
Advertising media exempt without knowledge of unlawfulness
Status: in_force

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 act or practice.

Source: SL 1971, ch 218, § 4 (a) (1).
S.D. Codified Laws § 37-10-4 — SD Code / Title 37 / Chapter 10 / Section 37-10-4
Sales between wholesalers permitted at less than cost--Basic cost to be charged
Status: in_force

When one wholesaler sells cigarettes to another wholesaler, the former shall not be required to include in his selling price to the latter, "cost to the wholesaler," as provided by §§ 37-10-9 and 37-10-10 , except that no such sale shall be made at a price less than the basic cost of cigarettes, as defined in § 37-10-1 , but the latter wholesaler, upon resale to a retailer or for consumption or use, shall be deemed to be the wholesaler governed by the provisions of §§ 37-10-5 to 37-10-10 , inclusive.

Source: SL 1966, ch 157, § 7.
S.D. Codified Laws § 37-10-24 — SD Code / Title 37 / Chapter 10 / Section 37-10-24
Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages
Status: in_force

In determining cost to the retailer and cost to the wholesaler the secretary of revenue or a court shall receive and consider as bearing on the good faith of such cost, evidence tending to show that any person complained against under any of the provisions of this chapter purchased cigarettes, with respect to the sale of which complaint is made, at a fictitious price, or upon terms, or in such a manner, or under such invoices, as to conceal the true cost, discounts or terms of purchase, and shall also receive and consider as bearing on the good faith of such cost, evidence of the normal, customary and prevailing terms and discounts in connection with other sales of a similar nature in the trade area or state.

Source: SL 1966, ch 157, § 11 (1); SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 37-1-3.5 — SD Code / Title 37 / Chapter 1 / Section 37-1-3.5
Regulated utility services exempt
Status: in_force

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, do not constitute a violation of this chapter. The acceptance of such tariffs or schedules by the regulatory agency involved, the implementation by the public utility of any orders or directives of any such agency, or the taking of action by a public utility pursuant to an order or directive of any such regulatory agency does not constitute a violation of this chapter.

Source: SL 1977, ch 305, § 17; SL 1988, ch 375, § 29.
S.D. Codified Laws § 37-25A-7 — SD Code / Title 37 / Chapter 25A / Section 37-25A-7
Offer or sale of opportunity not registered or exempt prohibited
Status: in_force

No person may offer or sell any business opportunity in this state unless the business opportunity is registered under this chapter or is exempt under § 37-25A-3 .

Source: SL 1985, ch 305, § 7.
S.D. Codified Laws § 37-25A-30 — SD Code / Title 37 / Chapter 25A / Section 37-25A-30
Cease and desist orders--Injunction actions--Reference of evidence for prosecution
Status: in_force

If it appears to the director of the Division of Insurance that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter, the director may:

(1) Issue an order directing the person to cease and desist from continuing the act or practice. Any person named in a cease and desist order issued by the director may, within fifteen days after the receipt of the order, file a written request for a hearing with the director. If the director does not receive a written request for a hearing within the time specified, the cease and desist order shall be permanent and the person named in the order has waived all rights to a hearing;

(2) Bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's assets or the court may order rescission, which may include restitution plus the legal interest rate, for any sales of business opportunities determined to be unlawful under this chapter. The court may not require the director to post a bond;

(3) The director may refer the evidence concerning violations of this chapter to the attorney general or to the state's attorney in the county where the violation occurred, who may institute proceedings under this section.

Source: SL 1985, ch 305, § 30; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-22-1 — SD Code / Title 37 / Chapter 22 / Section 37-22-1
Scales under supervision of department and subject to inspection
Status: in_force

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 and all private, farm, and municipal scales used in weighing hay, grain, wood, coal, and like subjects of commerce are under the supervision and control of the department and are subject to inspection by the department. Farm scales may only be inspected at the request of the owner.

Source: SDC 1939, § 63.0301; SL 1949, ch 439; SL 2004, ch 17, § 261; SL 2016, ch 183, § 41.
S.D. Codified Laws § 37-31-5 — SD Code / Title 37 / Chapter 31 / Section 37-31-5
Refund for leased nonconforming assistive device--Transfer of possession of device
Status: in_force

To receive a refund due under a leased assistive device, a consumer shall offer to return the nonconforming assistive device to the lessor. Not more than thirty days after such an offer, the lessor of the assistive device shall provide the refund to the consumer. When the lessor provides the refund, the consumer shall return to the lessor the nonconforming assistive device.

To receive a refund due under a leased assistive device, an assistive device lessor shall offer to transfer possession of the nonconforming assistive device to its manufacturer. Not more than thirty days after such an offer, the manufacturer shall provide the refund to the assistive device lessor. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.

Source: SL 1996, ch 242, § 5.
S.D. Codified Laws § 37-36-6 — SD Code / Title 37 / Chapter 36 / Section 37-36-6
Action by attorney general
Status: in_force

The attorney general may bring civil actions, and enter into assurances of discontinuance as provided under chapter 37-24 . In an action brought by the attorney general under this chapter the court may award or impose any relief available under chapter 37-24 .

Source: SL 2014, ch 192, § 6.