S.D. Codified Laws § 37-37-10 — SD Code / Title 37 / Chapter 37 / Section 37-37-10
Farm machinery dealer not liable
Status: in_force

Nothing in this chapter imposes any liability upon a farm machinery dealer or authorized dealer or creates a cause of action by a consumer against a farm machinery dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a farm machinery dealer or authorized dealer for any costs, including any refunds or farm machinery replacements, incurred by the manufacturer arising out of this chapter.

Source: SL 2019, ch 178, § 10.
S.D. Codified Laws § 37-6-6 — SD Code / Title 37 / Chapter 6 / Section 37-6-6
Mark containing immoral, deceptive or scandalous matter 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 immoral, deceptive, or scandalous matter.

Source: SL 1955, ch 232, § 2; SDC Supp 1960, § 51.0902 (1); SL 1980, ch 264, § 4.
S.D. Codified Laws § 37-25A-14 — SD Code / Title 37 / Chapter 25A / Section 37-25A-14
Delivery of written disclosure document to purchaser required
Status: in_force

No person may offer or sell any business opportunity required to be registered under this chapter unless a written disclosure document as filed under § 37-25A-8 is delivered to each purchaser at least ten business days prior to the execution by a purchaser of any contract or agreement imposing a binding legal obligation on the purchaser or the payment by the purchaser of any consideration in connection with the offer or sale of the business opportunity.

Source: SL 1985, ch 305, § 14.
S.D. Codified Laws § 37-5B-15 — SD Code / Title 37 / Chapter 5B / Section 37-5B-15
Exemptions by director
Status: in_force

The director may by rule or order exclude the offer and sale of a franchise from the requirements of §§ 37-5B-4 and 37-5B-17 if the filing or disclosure is not necessary or appropriate in the public interest or for the protection of prospective franchisees.

Source: SL 2008, ch 203, § 15.
S.D. Codified Laws § 37-25A-21 — SD Code / Title 37 / Chapter 25A / Section 37-25A-21
Prerequisites to entry of stop order
Status: in_force

No stop order may be entered under any part of this chapter, except under § 37-25A-20 , without appropriate prior notice to the seller, opportunity for hearing, and written findings of fact and conclusions of law.

Source: SL 1985, ch 305, § 21.
S.D. Codified Laws § 37-29-1 — SD Code / Title 37 / Chapter 29 / Section 37-29-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Improper," includes theft, bribery, misrepresentation, breach, or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;

(2) "Misappropriation,"

(i) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(ii) Disclosure or use of a trade secret of another without express or implied consent by a person who:

(A) Used improper means to acquire knowledge of the trade secret; or

(B) At the time of disclosure or use, knew or had reason to know that such knowledge of the trade secret was: (I) Derived from or through a person who had utilized improper means to acquire it; (II) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (III) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(C) Before a material change of position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;

(3) "Person," a natural person, corporation, business trust, estate, trust, limited liability company, partnership, association, joint venture, government, governmental subdivision, or agency, or any other legal or commercial entity;

(4) "Trade secret," information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(i) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(ii) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Source: SL 1988, ch 354, § 1; SL 1994, ch 351, § 89.
S.D. Codified Laws § 37-5B-38 — SD Code / Title 37 / Chapter 5B / Section 37-5B-38
Immunity
Status: in_force

No person is excused from attending and testifying or from producing any document or record before the director, in obedience to a subpoena of the director or any person designated by the director in any proceeding instituted by the director, on the grounds that the testimony or evidence required of the director may tend to incriminate the person or subject the person to a penalty or forfeiture. No person may be prosecuted or subjected to any penalty or forfeiture on account of any transaction, matter, or thing concerning which the person is compelled, after claiming the privilege against self-incrimination, to testify or produce evidence. However, the person testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.

Source: SL 2008, ch 203, § 38.
S.D. Codified Laws § 37-30A-5 — SD Code / Title 37 / Chapter 30A / Section 37-30A-5
Contents of written confirmation
Status: in_force

The written confirmation shall include the following information:

(1) The true business name of the telemarketer;

(2) The true address and telephone number at which personal or voice contact with an employee or agent of the telemarketer can be made during normal business hours and the address where cancellation notices can be sent or merchandise returned;

(3) A detailed description of the goods or services that the consumer is to actually receive;

(4) A list of all prices or fees being requested, including any handling, shipping, delivery, sales tax, or other charges;

(5) The date of the transaction;

(6) If the telemarketer requests the consumer to contact the telemarketer by telephone, the per minute charge to the consumer of placing the call and the average length of the telephone call;

(7) A duplicate copy with the complete information as presented in the original confirmation, to be retained by the consumer as proof of the terms of the agreement to purchase; and

(8) In a bold face type with a minimum size of twelve points, in a space immediately preceding the space allotted for the consumer's signature, the following statement: "YOU ARE NOT OBLIGATED TO PAY ANY MONEY UNLESS YOU SIGN THIS CONFIRMATION AND RETURN IT TO THE SELLER."

Source: SL 1997, ch 222, § 5.
S.D. Codified Laws § 37-30-15 — SD Code / Title 37 / Chapter 30 / Section 37-30-15
Solicitor required to make written report as to material changes in filed information--Time requirements--Failure to comply as misdemeanor
Status: in_force

Any material change in any information filed with the attorney general pursuant to this chapter shall be reported in writing by the paid solicitor to the attorney general not more than thirty days after such change occurs. However, any material change to the campaign solicitation literature filed with the attorney general pursuant to § 37-30-6 shall be reported in writing by the paid solicitor to the attorney general not more than seven days after such change occurs. Any violation of this section is a Class 2 misdemeanor.

Source: SL 1990, ch 314, § 15.
S.D. Codified Laws § 37-24-41 — SD Code / Title 37 / Chapter 24 / Section 37-24-41
Definitions
Status: in_force

Terms used in §§ 37-24-41 to 37-24-48 , inclusive, mean:

(1) "Advertiser," a person or entity that advertises through the use of commercial e-mail advertisements;

(2) "Commercial e-mail advertisement," any electronic mail message initiated for the purpose of advertising or promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit;

(3) "Direct consent," the recipient has expressly consented to receive e-mail advertisements from the advertiser, either in response to a clear and conspicuous request for the consent or at the recipient's own initiative;

(4) "Domain name," any alphanumeric designation that is registered with or assigned by any domain name registrar as part of an electronic address on the internet;

(5) "Electronic mail" or "e-mail," an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. Electronic mail, or e-mail, includes electronic messages that are transmitted through a local, regional, or global computer network;

(6) "Electronic mail address" or "e-mail address," a destination, commonly expressed as a string of characters, to which electronic mail can be sent or delivered. An electronic mail address, or e-mail address, consists of a user name or mailbox and a reference to an internet domain;

(7) "Electronic mail service provider," any person, including an internet service provider, that is an intermediary in sending or receiving electronic mail or that provides to end users of the electronic mail service the ability to send or receive electronic mail;

(8) "Initiate," to transmit or cause to be transmitted a commercial e-mail advertisement or assist in the transmission of a commercial e-mail advertisement by providing electronic mail addresses where the advertisement may be sent, but does not include the routine transmission of the advertisement through the network or system of a telecommunications utility or an electronic mail service provider through its network or system;

(9) "Incident," a single transmission or delivery to a single recipient or to multiple recipients of an unsolicited commercial e- mail advertisement containing substantially similar content;

(10) "Internet," the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web;

(11) "Preexisting or current business relationship," as used in connection with the sending of a commercial e-mail advertisement, means that the recipient has made an inquiry and has provided his or her e-mail address, or has made an application, purchase, or transaction, with or without consideration, regarding products or services offered by the advertiser.

Commercial e-mail advertisements sent pursuant to the exemption that is provided for a preexisting or current business relationship shall provide the recipient of the commercial e-mail advertisement with the ability to opt-out from receiving further commercial e-mail advertisements by calling a toll-free telephone number or by sending an unsubscribe e-mail to the advertiser offering the products or services in the commercial e-mail advertisement. This opt-out provision does not apply to recipients who are receiving free e-mail service with regard to commercial e-mail advertisements sent by the provider of the e-mail service;

(12) "Recipient," the addressee of an unsolicited commercial e-mail advertisement. If an addressee of an unsolicited commercial e-mail advertisement has one or more e-mail addresses to which an unsolicited commercial e-mail advertisement is sent, the addressee is deemed to be a separate recipient for each e-mail address to which the e-mail advertisement is sent;

(13) "Routine transmission," the transmission, routing, relaying, handling, or storing of an electronic mail message through an automatic technical process. Routine transmission does not include the sending, or the knowing participation in the sending, of unsolicited commercial e-mail advertisements;

(14) "South Dakota electronic mail address" or "South Dakota e-mail address," any of the following:

(a) An e-mail address furnished by an electronic mail service provider that sends bills for furnishing and maintaining that e-mail address to a mailing address in this state;

(b) An e-mail address ordinarily accessed from a computer located in this state; or

(c) An e-mail address furnished to a resident of this state;

(15) "Unsolicited commercial e-mail advertisement," a commercial e-mail advertisement sent to a recipient who meets both of the following criteria:

(a) The recipient has not provided direct consent to receive advertisements from the advertiser; or

(b) The recipient does not have a preexisting or current business relationship with the advertiser promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit.

Source: SL 2007, ch 226, § 1.
S.D. Codified Laws § 37-2-30 — SD Code / Title 37 / Chapter 2 / Section 37-2-30
Labeling of any gasoline containing oxygenate
Status: in_force

Any gasoline kept, offered, or exposed for sale, or sold, at retail containing two percent or more by volume of any oxygenate or combination of oxygenates shall be identified as to the specific type of oxygenate or combination of oxygenates in the gasoline. The label may consist of any combination of colors and the label may read ethanol, E10, or ethanol blend. This information shall be posted on the upper fifty percent of the dispenser front panel in a position that is clear and conspicuous from the driver's position. The words shall be in a type at least one-quarter inch in height and a width of type of at least one-sixteenth inch stroke.

Source: SL 1993, ch 298, § 1; SL 2001, ch 211, § 4; SL 2005, ch 208, § 1.
S.D. Codified Laws § 37-32-12 — SD Code / Title 37 / Chapter 32 / Section 37-32-12
Civil penalties for violation of injunction
Status: in_force

The attorney general or a state's attorney, upon petition to the court, may recover on behalf of the state, a civil penalty of at least one hundred dollars and not more than five thousand dollars per violation from any person who violates the terms of an injunction issued under § 37-32-11 .

Source: SL 1997, ch 223, § 12.
S.D. Codified Laws § 37-25A-49 — SD Code / Title 37 / Chapter 25A / Section 37-25A-49
Civil liability for representation violations
Status: in_force

Any person who violates §§ 37-25A-43 , 37-25A-45 , and 37-25A-46 is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money or other valuable consideration paid for the business opportunity and for actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs.

Source: SL 1985, ch 305, § 49.
S.D. Codified Laws § 37-24-5.4 — SD Code / Title 37 / Chapter 24 / Section 37-24-5.4
Cancellation notice form to be furnished and filled in by door to door seller
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 each buyer, at the time the buyer signs the door to door sales contract or otherwise agrees to buy goods or services from the seller, a completed form in duplicate, captioned "NOTICE OF CANCELLATION," which shall be attached to the contract or receipt and easily detachable, and which shall contain in ten point bold face type the following information:

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOU RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL, OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND AN ELECTRONIC NOTICE, TO (Name of seller) AT (address of seller's place of business) NOT LATER THAN MIDNIGHT OF

__________

(Date)

I HEREBY CANCEL THIS TRANSACTION.

(2) Fail, before furnishing copies of the notice of cancellation to the buyer, to complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of transaction, by which the buyer may give notice of cancellation.

Source: SDCL § 37-24-6 as added by SL 1975, ch 244, § 7 (b), (c); SL 1984, ch 258, § 3; SL 2019, ch 177, § 2.
S.D. Codified Laws § 37-6-18 — SD Code / Title 37 / Chapter 6 / Section 37-6-18
Cancellation of registration on request or due to error or fraud
Status: in_force

The secretary of state shall cancel from the register any registration for which the secretary of state has received a voluntary request for cancellation from the registrant or the assignee of record. The secretary of state, upon notice to the registrant, may cancel from the register any registration that the secretary of state granted in the previous one hundred eighty days upon a finding that:

(1) The registration was granted improperly or in error; or

(2) The registration was obtained fraudulently.

Source: SL 1955, ch 232, § 8; SDC Supp 1960, § 51.0908 (2); SL 2010, ch 196, § 1.
S.D. Codified Laws § 37-37-5 — SD Code / Title 37 / Chapter 37 / Section 37-37-5
Presumption of reasonable attempts to correct nonconforming condition
Status: in_force

It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty-four months following delivery of the farm machinery, either of the following events occurred:

(1) The same nonconforming condition was subject to repair attempts four or more times by the manufacturer, or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

(2) The farm machinery was out of service and in the custody of the manufacturer or an authorized dealer due to repair attempts including the final repair attempt, one of which occurred during the lemon law rights period, for a cumulative total of thirty calendar days, unless the repair could not be performed because of conditions beyond the control of the manufacturer or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

Source: SL 2019, ch 178, § 5.
S.D. Codified Laws § 37-2-43 — SD Code / Title 37 / Chapter 2 / Section 37-2-43
Sales to consumers--Federal requirements
Status: in_force

A person responsible for the product who sells or transfers petroleum products, as defined by subdivision 37-2-5 (10), to a consumer shall comply with the automotive fuel rating posting and record-keeping requirements, and the label specifications of 16 C.F.R. §§ 306.10 to 306.12, inclusive, in effect on January 1, 2020.

Source: SL 2013, ch 187, § 5, eff. Mar. 6, 2013; SL 2020, ch 170, § 6.
S.D. Codified Laws § 37-1-24 — SD Code / Title 37 / Chapter 1 / Section 37-1-24
Treble damages and cost of suit as measure of monetary relief
Status: in_force

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

Source: SL 1980, ch 259, § 4.
S.D. Codified Laws § 37-11-1 — SD Code / Title 37 / Chapter 11 / Section 37-11-1
Filing of fictitious name statement required--Exceptions
Status: in_force

Any person regularly engaging in or conducting a business in this state shall file a fictitious name statement unless one of the following apply:

(1) The name of the business plainly shows the true surname of each person interested in the business; or

(2) The name of the business is on file with the secretary of state in a required business filing.

The fictitious name statement shall include the name, post office address, and residence address of each person interested in the business and the address where the main office of the business is to be maintained. The fictitious name statement shall be electronically filed with the secretary of state, or filed in paper form with any register of deeds in the state. The filing shall be renewed every fifth year thereafter. A fee of ten dollars shall be paid with each new filing and renewal. The fee shall be deposited into the financing statement and annual report filing fee fund.

Source: SDC 1939, § 49.0801; SL 1974, ch 55, § 38; SL 1975, ch 242, § 1; SL 1977, ch 190, § 254; SL 1999, ch 33, § 2; SL 2004, ch 256, § 1; SL 2008, ch 204, § 1; SL 2015, ch 202, § 1; SL 2016, ch 2, § 9.
S.D. Codified Laws § 37-10-11 — SD Code / Title 37 / Chapter 10 / Section 37-10-11
Purchases outside ordinary trade channels not considered in determining costs
Status: in_force

In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of such cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside the ordinary channels of trade, may not be used as a basis for justifying a price lower than one based upon the replacement cost of the cigarettes to the retailer or wholesaler in the quantity last purchased through the ordinary channels of trade.

Source: SL 1966, ch 157, § 12.
S.D. Codified Laws § 37-16-4 — SD Code / Title 37 / Chapter 16 / Section 37-16-4
Refusal to disclose purchaser and price of article sold as misdemeanor
Status: in_force

Every pawnbroker who refuses to disclose the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1829; SL 1977, ch 190, § 273.
S.D. Codified Laws § 37-10-1 — SD Code / Title 37 / Chapter 10 / Section 37-10-1
Definition of terms
Status: in_force

Terms used in this chapter, except where the context clearly requires otherwise, mean:

(1) "Basic cost of cigarettes," the invoice cost of cigarettes to the retailer or wholesaler, as the case may be, or the replacement cost of cigarettes to the retailer or wholesaler, as the case may be, in the quantity last purchased, whichever is lower, less all trade discounts and customary discounts for cash to which shall be added the full face value of any stamps which may be required by any cigarette tax act of this state and by ordinance of any municipality thereof in effect or hereafter enacted, if not already included by the manufacturer in his list price;

(2) "Cigarettes," any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover which is made of paper or any other substance or material, excepting tobacco;

(3) "Person," any individual, firm, association, company, private, public, cooperative or communal corporation, club, agency, or trust, however formed, and any receiver, trustee, fiduciary, or guardian;

(4) "Retailer," any person who operates a store, stand, booth, or concession for the purpose of making sales of cigarettes at retail including sales through vending machines;

(5) "Sale," any transfer for a consideration, exchange, barter, gift, offer for sale, and distribution in any manner or by any means whatsoever;

(6) "Secretary," the secretary of revenue of the State of South Dakota;

(7) "Sell at retail," "sale at retail" and "retail sales," any transfer of title to cigarettes for a valuable consideration, made in the ordinary course of trade or usual conduct of the seller's business, to the purchaser for consumption or use, including sales through vending machines;

(8) "Sell at wholesale," "sale at wholesale" and "wholesale sales," any bona fide transfer of title to cigarettes for a valuable consideration, made in the ordinary course of trade or in the usual conduct of the wholesaler's business, to a retailer for the purpose of resale;

(9) "Wholesaler," shall be synonymous with the term "distributor," as defined in § 10-50-1 , and shall include any person who:

(a) Purchases cigarettes directly from the manufacturer;

(b) Purchases cigarettes from any other person who purchases from the manufacturer and who acquires such cigarettes solely for the purpose of bona fide resale to retail dealers or to other persons for the purpose of bona fide resale to retail dealers or to other persons for the purpose of resale only; or

(c) Services retail outlets, including vending machine routes operated by the maintenance of an established place of business for the purchase of cigarettes, including, but not limited to, the maintenance of warehousing facilities for the storage and distribution of cigarettes.

Nothing contained in this chapter shall prevent a person from qualifying in different capacities as both a wholesaler and retailer under the applicable provisions of this chapter.

Source: SL 1966, ch 157, § 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 § 37-5-12.2 — SD Code / Title 37 / Chapter 5 / Section 37-5-12.2
Merchandise defined
Status: in_force

For the purposes of §§ 37-5-1 to 37-5-12 , inclusive, the term, merchandise, means:

(1) Automobiles, trucks, motorcycles, motor homes or travel trailers of the type and kind required to be titled and registered pursuant to chapters 32-3 and 32-5 , and accessories;

(2) Farm tractors, farm implements, farm machinery, and attachments;

(3) Industrial and construction equipment and attachments;

(4) Boats and personal watercraft;

(5) Snowmobiles and all-terrain vehicles, including multipurpose utility vehicles, side by sides, and similar type vehicles whether powered by electricity or by combustion engine;

(6) Office furniture, equipment, supplies, and attachments;

(7) Outdoor power equipment and attachments;

(8) A temperature control unit; and

(9) An auxiliary idle reduction and temperature management system or auxiliary power unit.

For the purposes of this section, the term, temperature control unit, means a piece of equipment that is mounted on a titled vehicle (trailer, rail car, or container) for the temperature management of temperature sensitive cargo.

For the purposes of this section, the term, auxiliary idle reduction and temperature management system, means a piece of equipment that is mounted on a titled vehicle, usually a semi-tractor, to enable the driver to turn off the engine yet have access to air conditioning, heat, and electric power inside the vehicle's cab.

Source: SL 2004, ch 254, § 2; SL 2008, ch 202, § 2; SL 2010, ch 156, § 21, eff. Mar. 9, 2010.
S.D. Codified Laws § 37-22-16 — SD Code / Title 37 / Chapter 22 / Section 37-22-16
Deposit of money collected
Status: in_force

Any money collected under the provisions of this chapter shall be deposited in the general fund.

Source: SDC 1939, § 63.0305; SL 1939, ch 296; SL 1949, ch 440; SL 1963, ch 457; SL 1969, ch 283; SL 1978, ch 279, § 3; SL 2004, ch 17, § 273; SL 2016, ch 183, § 51.
S.D. Codified Laws § 37-6-25 — SD Code / Title 37 / Chapter 6 / Section 37-6-25
Civil action against person using counterfeit or imitation of registered mark
Status: in_force

Subject to the provisions of § 37-6-27 , any person who shall use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under § 37-6-13 in connection with the sale, offering for sale, or advertising of any goods on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods, 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 .

Source: SL 1955, ch 232, § 11; SDC Supp 1960, § 51.0911 (1); SL 1980, ch 264, § 18.
S.D. Codified Laws § 37-29-2 — SD Code / Title 37 / Chapter 29 / Section 37-29-2
Injunctive relief
Status: in_force

(a) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

Source: SL 1988, ch 354, § 2.
S.D. Codified Laws § 37-29-3 — SD Code / Title 37 / Chapter 29 / Section 37-29-3
Damages
Status: in_force

(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).

Source: SL 1988, ch 354, § 3.
S.D. Codified Laws § 37-6-13 — SD Code / Title 37 / Chapter 6 / Section 37-6-13
Certificate of registration issued by secretary of state--Contents
Status: in_force

Upon compliance by the applicant with the requirements of §§ 37-6-5 to 37-6-12 , inclusive, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods and a description of the goods on which or services for which the mark is used, a reproduction of the mark, the registration date and the term of the registration.

Source: SDC 1939, § 51.0905; SL 1955, ch 232, § 4; SDC Supp 1960, § 51.0904; SL 1980, ch 264, § 11.
S.D. Codified Laws § 37-25A-10 — SD Code / Title 37 / Chapter 25A / Section 37-25A-10
Fee for registration
Status: in_force

A registration fee of one hundred dollars shall accompany the application for registration.

Source: SL 1985, ch 305, § 10.
S.D. Codified Laws § 37-37-9 — SD Code / Title 37 / Chapter 37 / Section 37-37-9
Disclosure to subsequent purchaser of return of farm machinery and nature of nonconformity
Status: in_force

If farm machinery has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless the manufacturer discloses in writing to the subsequent purchaser the fact that the farm machinery was returned under the provisions of this chapter and the nature of the nonconformity to the farm machinery warranty.

Source: SL 2019, ch 178, § 9.
S.D. Codified Laws § 37-31-9 — SD Code / Title 37 / Chapter 31 / Section 37-31-9
Liability of dealer or lessor
Status: in_force

Nothing in this chapter may be interpreted to make the assistive device dealer or lessor responsible for the obligations of the manufacturer.

Source: SL 1996, ch 242, § 10.
S.D. Codified Laws § 37-10-34 — SD Code / Title 37 / Chapter 10 / Section 37-10-34
Sales prohibited during suspension or revocation of license
Status: in_force

No person whose license has been suspended or revoked shall sell cigarettes or permit cigarettes to be sold during the period of such suspension or revocation on the premises occupied by him or upon other premises controlled by him or others in any other manner or form whatever.

Source: SL 1966, ch 157, § 16 (3).
S.D. Codified Laws § 37-22-13 — SD Code / Title 37 / Chapter 22 / Section 37-22-13
Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting, and use of scales
Status: in_force

If the person making an inspection pursuant to § 37-22-9 finds any scale in use inaccurate, the inspector shall condemn, or reject for repair, the scale and attach to the scale a card, notice, or other device, indicating that the scale is condemned or rejected. It is a Class 2 misdemeanor for any person to remove, deface, or destroy the card, notice, or other device placed upon the condemned or rejected scale. Any scale tagged as, condemned for repairs, shall be repaired or corrected within sixty days. The scale may not be used for any purpose until the scale has been repaired, retested, found to be correct, and is placed in service by a registered service agency or agent or until the department has consented to the use of the scale. The owner or operator of any weighing device 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.

Source: SDC 1939, § 63.0304; SL 1977, ch 190, § 292; SL 2004, ch 17, § 272; SL 2006, ch 187, § 28; SL 2016, ch 183, § 50.
S.D. Codified Laws § 37-36-4 — SD Code / Title 37 / Chapter 36 / Section 37-36-4
Factors for claim of patent infringement not made in bad faith
Status: in_force

A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:

(1) The demand letter contains all of the information described in subdivision 37-36-3(1);

(2) If the demand letter lacks the information described in subdivision 37-36-3(1) and the target requests the information, the person provides the information within a reasonable period of time;

(3) The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy;

(4) The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent;

(5) The person is:

(a) The inventor or joint inventor of the patent or, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or

(b) An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education;

(6) The person has:

(a) Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or

(b) Successfully enforced the patent, or a substantially similar patent, through litigation;

(7) Any other factor the court finds relevant.

Source: SL 2014, ch 192, § 4.
S.D. Codified Laws § 37-21A-3 — SD Code / Title 37 / Chapter 21A / Section 37-21A-3
Annual registration fees--Time of payment
Status: in_force

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

It is the intent of the 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-7 , and 37-22-10 , through the General Appropriations Act.

Source: SL 1973, ch 257, § 3; SL 1984, ch 29, § 4; SL 2007, ch 224, § 4; SL 2016, ch 183, § 35.
S.D. Codified Laws § 37-5-13 — SD Code / Title 37 / Chapter 5 / Section 37-5-13
Definition of terms used in §§37-5-13to37-5-15
Status: in_force

Terms used in §§ 37-5-13 to 37-5-15 , inclusive, mean:

(1) "Dealer," any person who receives machinery from a manufacturer under a dealership contract and who offers and sells the machinery to the general public from manufacturer authorized facilities in this state. The term, dealer, does not include a single-line dealer or 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;

(2) "Dealership contract," a written agreement or contract between a manufacturer and dealer which fixes the legal rights and liabilities of the parties to such agreement or contract;

(3) "Machinery," any farm vehicle as defined by § 32-3-2.4 or any off-road vehicle as defined by § 32-3-1 or merchandise as defined in § 37-5-12.2 ;

(4) "Manufacturer," any person engaged in the manufacturing or distribution of machinery including any person who acts for the manufacturer;

(5) "Single-line dealer," any person that has purchased seventy-five percent or more of the dealer's total new product inventory from a single manufacturer of industrial and construction equipment under agreements with that manufacturer and has a total annual average sales of industrial and construction equipment volume for the three previous years with that single manufacturer in excess of fifty million dollars for the territory for which that dealer is responsible.

Source: SL 1999, ch 200, § 1; SL 2012, ch 197, § 4; SL 2025, ch 44, § 20.
S.D. Codified Laws § 37-33-4 — SD Code / Title 37 / Chapter 33 / Section 37-33-4
"Compensation" defined
Status: in_force

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, compensation, means a payment of any money, thing of value, or financial benefit conferred in return for inducing another person to participate in a pyramid promotional scheme.

Source: SL 2003, ch 213, § 4.
S.D. Codified Laws § 37-1-26 — SD Code / Title 37 / Chapter 1 / Section 37-1-26
Proof of damages--Assessment in aggregate
Status: in_force

In an action pursuant to §§ 37-1-23 to 37-1-32 , inclusive, where there has been a determination that a defendant agreed to fix prices, damages may be proved and assessed in the aggregate by statistical or sample in methods, by the pro rata allocation of illegal overcharges or of excess profits or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought.

Source: SL 1980, ch 259, § 9.
S.D. Codified Laws § 37-10-10 — SD Code / Title 37 / Chapter 10 / Section 37-10-10
Presumption as to cost of doing business by wholesaler--Cartage costs
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 wholesaler making the sale, the cost of doing business by the wholesaler shall be presumed to be four percent of the basic cost of cigarettes to the wholesaler, plus cartage to the retail outlet, if performed or paid for by the wholesaler, which cartage cost, in the absence of the filing with the secretary of satisfactory proof of a lesser or higher cost, shall be deemed to be one and one-half percent of the basic cost of cigarettes to the wholesaler.

Source: SL 1966, ch 157, § 5 (2); SL 1981, ch 114, § 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 § 37-25A-25 — SD Code / Title 37 / Chapter 25A / Section 37-25A-25
Use or disclosure of information by director restricted
Status: in_force

The director of the Division of Insurance may not use for personal benefit any information which is filed with or obtained by the director and which is not made public. The director may not disclose any information except if necessary or appropriate in a proceeding or investigation under this chapter.

Source: SL 1985, ch 305, § 25; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-5B-46 — SD Code / Title 37 / Chapter 5B / Section 37-5B-46
Affirmance, modification, or vacation of order
Status: in_force

If a hearing is requested or ordered, the director, after notice and hearing held in accordance with chapter 1-26 shall affirm, modify, or vacate the order.

Source: SL 2008, ch 203, § 46.
S.D. Codified Laws § 37-5-15 — SD Code / Title 37 / Chapter 5 / Section 37-5-15
Certain terms or conditions in dealership contract or lease prohibited--Not applicable to lease or sale of real property
Status: in_force

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

(1) Requires the dealer to waive trial by jury in cases involving the manufacturer;

(2) Requires that disputes between the manufacturer and dealer be submitted to arbitration or to any other binding alternate dispute resolution procedure. However, any dealership contract, lease, or agreement may authorize the submission of a dispute to arbitration or to binding alternate dispute resolution if the manufacturer and dealer voluntarily agree to submit the dispute to arbitration or binding alternate dispute resolution at the time the dispute arises; or

(3) Requires a dealer to pay the attorney fees of a manufacturer.

This section does not apply to any agreement that has as its main objective the lease or sale of real property.

Source: SL 1999, ch 200, § 3.
S.D. Codified Laws § 37-5B-24 — SD Code / Title 37 / Chapter 5B / Section 37-5B-24
Fraud--Class 4 felony
Status: in_force

No person may, directly or indirectly, employ a device, scheme, or artifice to defraud in connection with the offer or sale of a franchise. A violation of this section is a fraudulent practice and a Class 4 felony.

Source: SL 2008, ch 203, § 24.
S.D. Codified Laws § 37-30-6 — SD Code / Title 37 / Chapter 30 / Section 37-30-6
Solicitation notice--Form and contents--Failure to comply as misdemeanor
Status: in_force

A solicitation notice shall be on forms prescribed by the attorney general, in writing and under oath, and shall include a description of the solicitation event or campaign, the location and telephone number from which the solicitation is to be conducted, the names and residence street addresses of all employees, agents or other persons however styled who are to solicit during such campaign and the account number and location of all bank accounts where receipts from such campaign are to be deposited. Copies of campaign solicitation literature, including the text of any solicitation to be made orally, shall be attached to the solicitation notice. The charitable organization on whose behalf the paid solicitor is acting shall certify that the solicitation notice and accompanying material are true and complete. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1990, ch 314, § 6.
S.D. Codified Laws § 37-32-14 — SD Code / Title 37 / Chapter 32 / Section 37-32-14
Civil action by individual
Status: in_force

Any individual who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of such act or practice. In addition, the individual may collect the court costs and attorney fees expended to bring an action under this section.

Source: SL 1997, ch 223, § 14.
S.D. Codified Laws § 37-5-18 — SD Code / Title 37 / Chapter 5 / Section 37-5-18
Inapplicability of §§37-5-16and37-5-17where only method of sales is through retailer with exclusive trade territory
Status: in_force

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

Source: SL 2004, ch 255, § 3.
S.D. Codified Laws § 37-25A-23 — SD Code / Title 37 / Chapter 25A / Section 37-25A-23
Net worth or bond requirements for use of income, refund, or repurchase representations
Status: in_force

In connection with the offer or sale of a business opportunity, no seller may make or use any of the representations set forth in subsections 37-25A-1(2)(d) and (2)(e) unless the seller has at all times a minimum net worth of twenty-five thousand dollars as determined in accordance with generally accepted accounting principles. In lieu of the minimum net worth requirement, the director of the Division of Insurance may by rule or order require a business opportunity seller to obtain a surety bond issued by a surety company authorized to do business in this state. The surety bond shall be in an amount not less than twenty-five thousand dollars and shall be in favor of this state for the benefit of any purchaser. The director may by rule or order increase the amount of the bond for the protection of purchasers and may require the seller to file reports of all sales in this state to determine the appropriate amount of bond.

Source: SL 1985, ch 305, § 23; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-21-9.1 — SD Code / Title 37 / Chapter 21 / Section 37-21-9.1
Fees for inspection and testing
Status: in_force

The department shall charge and collect a fee of twenty-eight dollars for each inspection and testing of any weight, measure, and weighing and measuring device up to one thousand pounds. The fee shall be paid upon demand of the department by the person, firm, or corporation owning or operating the weight, measure, or weighing or measuring device inspected or tested. A fee of fourteen dollars shall be charged and collected for each inspection and testing of gasoline and diesel stationary fuel pump meters. A fee of forty-six dollars shall be charged and collected for each inspection and testing of gasoline and diesel high speed stationary fuel pump meters and for refined fuel truck meters. 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 , 37-21A-3 , 37-21A-7 , and 37-22-10 , through the General Appropriations Act.

Source: SL 1980, ch 267, § 2; SL 1984, ch 29, § 2; SL 1992, ch 277, § 2; SL 2002, ch 183, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 17, § 249; SL 2007, ch 224, § 1; SL 2016, ch 183, § 25.
S.D. Codified Laws § 37-24-6 — SD Code / Title 37 / Chapter 24 / Section 37-24-6
Deceptive act or practice--Penalty
Status: in_force

It is a deceptive act or practice for any person to:

(1) Knowingly act, use, or employ any deceptive act or practice, fraud, false pretense, false promises, or misrepresentation or to conceal, suppress, or omit any material fact in connection with the sale or advertisement of any merchandise or the solicitation of contributions for charitable purposes, regardless of whether any person has in fact been misled, deceived, or damaged thereby;

(2) Advertise price reductions without satisfying one of the following:

(a) Including in the advertisement the specific basis for the claim of a price reduction; or

(b) Offering the merchandise for sale at the higher price from which the reduction is taken for at least seven consecutive business days during the sixty-day period prior to the advertisement.

Any person advertising consumer property or services in this state, which advertisements contain representations or statements as to any type of savings claim, including reduced price claims and price comparison value claims, shall maintain reasonable records for a period of two years from the date of sale and advertisement, which records shall disclose the factual basis for such representations or statements and from which the validity of any such claim be established. However, these reasonable record provisions do not apply to the sale of any merchandise that is of a class of merchandise that is routinely advertised on at least a weekly basis in newspapers, shopping tabloids, or similar publications and that has a sales price before price reduction that is less than fifteen dollars per item;

(3) Represent a sale of merchandise at reduced rates due to the cessation of business operations and after the date of the first advertisement remain in business under the same, or substantially the same, ownership or trade name, or continue to offer for sale the same type of merchandise at the same location for more than one hundred twenty days;

(4) Give or offer a rebate, discount, or anything of value to a person as an inducement for selling consumer property or services in consideration of giving the names of prospective purchasers or otherwise aiding in making a sale to another person, if the earning of the rebate, discount, or other thing of value is contingent upon the occurrence of an event subsequent to the time the person agrees to the sale;

(5) Engage in any scheme or plan for disposal or distribution of merchandise whereby a participant pays a valuable consideration for the chance to receive compensation primarily for introducing one or more additional persons into participation in the planner's scheme or for the chance to receive compensation when the person introduced by the participant introduces a new participant;

(6) Send, deliver, provide, mail, or cause to be sent, delivered, provided, or mailed any bill or invoice for unordered property or unordered service provided;

(7) Advertise a rate, price, or fee for a hotel, motel, campsite, or other lodging accommodation which is not in fact available to the public under the terms advertised. It is not a violation of this subdivision to establish contract rates which are different than public rates;

(8) Charge a rate, price, or fee for a hotel, motel, campsite, or other lodging accommodation which is different than the rate, price, or fee charged on the first night of the guest's stay unless, at the initial registration of the guest, a written notification of each price, rate, or fee to be charged during the guest's reserved continuous stay is delivered to the guest and an acknowledgment of receipt of the notice is signed by the guest and kept by the innkeeper for the same period of time as is required by § 34-18-21 ;

(9) Knowingly fail to mail or to deliver by electronic means to a future guest a written confirmation of the date and rates of reservations made for any accommodation at a hotel, motel, campsite, or other lodging accommodation when a written request for confirmation is received from the future guest;

(10) Require money in advance of arrival or a handling fee in the event of cancellation of any hotel, motel, campsite, or other lodging accommodation unless the innkeeper has a written policy or a separate contract with the guest stating so that is mailed or delivered by electronic means to the guest at or near the making of the reservation;

(11) Knowingly advertise or cause to be listed through the internet or in a telephone directory a business address that misrepresents where the business is actually located or that falsely states that the business is located in the same area covered by the telephone directory. This subdivision does not apply to a telephone service provider, an internet service provider, or a publisher or distributor of a telephone directory, unless the conduct proscribed in this subdivision is on behalf of the provider, publisher, or distributor;

(12) Sell, market, promote, advertise, or otherwise distribute any card or other purchasing mechanism or device that is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases if:

(a) The card or other purchasing mechanism or device does not expressly state in bold and prominent type, prevalently placed, that discounts are not insurance;

(b) The discounts are not specifically authorized by a separate contract with each pharmacy listed in conjunction with the card or other purchasing mechanism or device; or

(c) The discount or access to discounts offered, or the range of discounts or access to the range of discounts, is misleading, deceptive, or fraudulent, regardless of the literal wording.

The provisions of this subdivision do not apply to a customer discount or membership card issued by a store or buying club for use in that store or buying club, or a patient access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium of pharmaceutical manufacturers, that provide free or discounted prescription drug products directly to low income or uninsured individuals either through a discount card or direct shipment;

(13) Send or cause to be sent an unsolicited commercial electronic mail message that does not include in the subject line of such message "ADV:" as the first four characters. If the message contains information that consists of explicit sexual material that may only be viewed, purchased, rented, leased, or held in possession by an individual eighteen years of age and older, the subject line of each message shall include "ADV:ADLT" as the first eight characters. An unsolicited commercial electronic mail message does not include a message sent to a person with whom the initiator has an existing personal or business relationship or a message sent at the request or express consent of the recipient;

(14) Violate the provisions of § 22-25-52 ;

(15) Knowingly fail to disclose the amount of any mandatory fee when reservations are made by a future guest at a hotel, motel, campsite, or other lodging accommodations. A mandatory fee under this subdivision includes any resort fee or parking fee charged by the lodging accommodations whether or not the guest utilizes the amenities or the parking facility for which the fee is assessed;

(16) Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the origin of a telephone solicitation. No provider of telephone caller identification services, telecommunications, broadband, or voice over internet protocol service may be held liable for violations of this subdivision committed by other individuals or entities. It is not a violation of this subdivision:

(a) For a telephone solicitor to utilize the name and number of the entity the solicitation is being made on behalf of rather than the name and number of the telephone solicitor;

(b) If an authorized activity of a law enforcement agency; or

(c) If a court order specifically authorizes the use of caller identification manipulation; or

(17) Violate § 58-29G-2 or 58-29G-3 .

Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor. Each act in violation of this statute 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 1971, ch 218, § 2 (a); SL 1977, ch 190, § 294; SL 1986, ch 324; SL 1987, ch 281, § 2; SL 1989, ch 338, § 1; SL 1992, ch 278, § 1; SL 1998, ch 243, § 1; SL 1999, ch 202, § 1; SL 2001, ch 214, §§ 1, 2; SL 2002, ch 185, § 1; SL 2007, ch 225, § 1; SL 2014, ch 191, § 1; SL 2015, ch 133, § 2; SL 2018, ch 239, § 1; SL 2020, ch 171, § 6; SL 2024, ch 165, § 1; SL 2025, ch 198, § 1.
S.D. Codified Laws § 37-26-3 — SD Code / Title 37 / Chapter 26 / Section 37-26-3
Bond required of buying club--Amount
Status: in_force

Every buying club shall maintain a cash bond or a bond issued by a surety company licensed to do business in this state in the penal sum of one hundred thousand dollars.

Source: SL 1975, ch 246, § 6.
S.D. Codified Laws § 37-24-7 — SD Code / Title 37 / Chapter 24 / Section 37-24-7
Other remedies unimpaired by definition of deceptive practices--Actions under chapter restricted
Status: in_force

The acts or practices listed in § 37-24-6 are in addition to and do not limit the types of practices actionable at common law or under other statutes of this state; provided, however, that actions brought pursuant to this chapter shall relate exclusively to practices declared to be unlawful by § 37-24-6 .

Source: SL 1971, ch 218, § 2 (b).
S.D. Codified Laws § 37-6-7 — SD Code / Title 37 / Chapter 6 / Section 37-6-7
Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable
Status: in_force

A mark by which the goods or services of any applicant for registration may be distinguished from the goods of others shall not be registered if it consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.

Source: SL 1955, ch 232, § 2; SDC Supp 1960, § 51.0902 (2); SL 1980, ch 264, § 5.
S.D. Codified Laws § 37-24-16 — SD Code / Title 37 / Chapter 24 / Section 37-24-16
Service of notice, demand, or subpoena
Status: in_force

Service of any notice, demand, or subpoena under this chapter shall be personally served within this state, but if such cannot be obtained, substituted service therefor may be made in the following manner:

(1) Personal service thereof without the state; or

(2) The mailing thereof by registered or certified mail to the last known place of business, residence, or abode of such persons for whom the same is intended; or

(3) As to any person other than a natural person, in the manner provided in the rules of civil procedure as if a complaint or other pleading which institutes a civil proceeding has been filed; or

(4) Such service as the circuit court for Hughes County, South Dakota, may direct in lieu of personal service within this state.

Source: SL 1971, ch 218, § 12.
S.D. Codified Laws § 37-35-3 — SD Code / Title 37 / Chapter 35 / Section 37-35-3
Application of §37-35-2
Status: in_force

The provisions of § 37-35-2 do not apply to:

(1) A firearm that cannot be carried and used by one person;

(2) A firearm that has a bore diameter greater than one and one-half inches and that uses smokeless powder, not black powder, as a propellant;

(3) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

(4) A firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

Source: SL 2010, ch 198, § 3.
S.D. Codified Laws § 37-5B-4 — SD Code / Title 37 / Chapter 5B / Section 37-5B-4
Notice filing required
Status: in_force

It is unlawful for any person to offer or sell a franchise in this state unless the franchise has properly notice filed under this chapter or is exempt from notice filing pursuant to §§ 37-5B-12 to 37-5B-15 , inclusive.

Source: SL 2008, ch 203, § 4.
S.D. Codified Laws § 37-1-8 — SD Code / Title 37 / Chapter 1 / Section 37-1-8
Fraudulent statements to affect market price as felony
Status: in_force

Every person who intentionally makes or publishes any false statement, spreads any false rumor, or employs any false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1806; SL 1977, ch 190, § 210; SL 1977, ch 305, § 15.
S.D. Codified Laws § 37-20-3 — SD Code / Title 37 / Chapter 20 / Section 37-20-3
Reference standards, working standards, and field standards
Status: in_force

In addition to the state reference standards of weights and measures provided for by law, the state shall supply at least one complete set of duplicate standards which shall be kept at all times in the department. The duplicate standards shall be known as the working standards. The other weights, measures, and apparatus which are necessary to carry out the provisions of chapters 37-20 to 37-22 , inclusive, shall be known as field standards.

Source: SDC 1939, § 63.0201; SL 1982, ch 278, § 2; SL 2004, ch 17, § 242; SL 2006, ch 187, § 5; SL 2016, ch 183, § 17.
S.D. Codified Laws § 37-30-18 — SD Code / Title 37 / Chapter 30 / Section 37-30-18
Investigate by attorney general--Powers
Status: in_force

The attorney general may, upon receiving a complaint, conduct an investigation under chapter 37-24 to determine whether any person has violated a provision of this chapter or chapter 37-30A . For the purpose of any investigation or proceeding under this section, the attorney general may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the attorney general deems relevant or material to the inquiry.

Source: SL 1990, ch 314, § 18; SL 2020, ch 171, § 7.
S.D. Codified Laws § 37-5B-13 — SD Code / Title 37 / Chapter 5B / Section 37-5B-13
Exemptions from notice filing and obligations to deliver disclosure document
Status: in_force

The following franchises are subject to this chapter but are exempt from §§ 37-5B-4 and 37-5B-17 , if any of the following conditions are satisfied:

(1) The franchisee's initial investment, excluding any financing received from the franchisor or an affiliate, and excluding the cost of unimproved land, totals at least one million dollars and the prospective franchisee signs an acknowledgment verifying the grounds for the exemption. The acknowledgment shall state: The franchise sale is for more than one million dollars, excluding the cost of unimproved land and any financing received from the franchisor or an affiliate;

(2) The franchisee (or its parent or any affiliates) is an entity that has been in business for at least five years and has a net worth of at least five million dollars; or

(3) The offer or sale of a franchise by a personal representative, sheriff, marshal, receiver, trustee, trustee in bankruptcy, guardian, or conservator on behalf of a person other than the franchisor or the estate of the franchisor; or

(4) One or more purchasers of at least a fifty percent ownership interest in the franchise; within sixty days of the sale, has been, for at least two years, an officer, director, general partner, individual with management responsibility for the offer and sale of the franchisor's franchises or the administrator of the franchised network; or within sixty days of the sale, has been, for at least two years, an owner of at least a twenty-five percent interest in the franchise.

Source: SL 2008, ch 203, § 13.
S.D. Codified Laws § 37-26-5 — SD Code / Title 37 / Chapter 26 / Section 37-26-5
Liability of surety limited to amount of bond
Status: in_force

The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided herein shall in no event exceed the amount of the bond.

Source: SL 1975, ch 246, § 9.
S.D. Codified Laws § 37-5B-3 — SD Code / Title 37 / Chapter 5B / Section 37-5B-3
Offer or sale not made in state
Status: in_force

An offer to sell is not made in this state solely because the offer appears in a newspaper or other publication of general and regular circulation which had more than two-thirds of its circulation outside this state during the past twelve months or solely because the offer appears in a broadcast or transmission originating outside this state.

An offer to sell or to purchase is not made in this state if the offer to sell is made over the internet or similar proprietary or common carrier electronic system if the following conditions are met:

(1) The internet offer indicates that the franchise is not being offered to residents of South Dakota;

(2) The internet offer is not directed to any person in South Dakota by or on behalf of the franchisor or anyone acting with the franchisor's knowledge; and

(3) No franchise is sold in South Dakota by or on behalf of the franchisor until the offering has been filed by notice and the franchise disclosure document has been delivered to the purchaser prior to the sale and in compliance with this chapter.

An offer or sale of a franchise is not made in this state if the offer or sale is made to a person not a resident of this state, if the franchise will not be located in this state, and if the offer or sale does not constitute a violation of the laws of the state or foreign jurisdiction in which the offeree or purchaser is present and is not part of an unlawful attempt to evade this chapter.

Source: SL 2008, ch 203, § 3.
S.D. Codified Laws § 37-14-19 — SD Code / Title 37 / Chapter 14 / Section 37-14-19
Transfer of auction receipts to client--Time limit
Status: in_force

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

Source: SL 1993, ch 299, § 2; SL 1998, ch 242, § 18.
S.D. Codified Laws § 37-24-13 — SD Code / Title 37 / Chapter 24 / Section 37-24-13
Modification or setting aside of director's investigative demand
Status: in_force

At any time before the return date specified in an investigative demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date, or to modify or set aside the demand, stating good cause, may be filed in the circuit court for the county where the person served with the demand resides or has his principal place of business or in the circuit court for Hughes County, South Dakota. At any time, an extension of the return date or a modification or setting aside of the demand may be made by agreement.

Source: SL 1971, ch 218, § 10 (b).
S.D. Codified Laws § 37-5-14 — SD Code / Title 37 / Chapter 5 / Section 37-5-14
Certain circumstances not cause for termination of dealership contract or entering into new dealership contract
Status: in_force

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

(1) The change of executive management or ownership of the dealer, unless the manufacturer can show that the change would be detrimental to the representation or reputation of the manufacturer's product;

(2) Refusal by the dealer to purchase or accept delivery of any machinery, parts, accessories, or any other commodity or service not ordered by the dealer unless such machinery, parts, accessories, or other commodity or service is necessary for the operation of machinery commonly sold in the dealer's area of responsibility;

(3) The sole fact that the manufacturer desires further penetration of the market;

(4) The fact that the dealer owns, has an investment in, participates in the management of, or holds a dealership contract for the sale of another line - make of machinery, or that the dealer has established another line - make of machinery in the same dealership facilities as those of the manufacturer, if the dealer maintains a reasonable line of credit for each line - make of machinery; or

(5) Refusal by the dealer to participate in any national advertising campaign or contest or purchase any promotional materials, display devices, or display decoration or materials which are at the expense of the dealer.

Source: SL 1999, ch 200, § 2.
S.D. Codified Laws § 37-10-14 — SD Code / Title 37 / Chapter 10 / Section 37-10-14
Application of minimum price provisions to combination sales, rebates and concessions
Status: in_force

In all advertisements, offers for sale or sales involving two or more items, at least one of which items is cigarettes, at a combined price, and in all advertisements, offers for sale or sales involving the giving of any concession of any kind whatsoever, whether it be coupons or otherwise, 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, the retailer's or wholesaler's selling price shall not be below the cost to the retailer or the cost to the wholesaler, respectively, of the cigarettes included in such transactions, and the invoice cost, whether the same be paid by the retailer, the wholesaler or any other person, of all other articles, products, commodities and concessions included in such transactions, to which invoice cost shall be added the cost of doing business in the case of the wholesaler and the retailer, respectively, as such cost is defined in §§ 37-10-5 to 37-10-10 , inclusive.

Source: SL 1966, ch 157, § 6.
S.D. Codified Laws § 37-5-3 — SD Code / Title 37 / Chapter 5 / Section 37-5-3
Unfair cancellation of dealer franchise 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, unfairly, without due regard to the equities of the dealer and without just provocation, to cancel the franchise of any dealer.

Source: SL 1951, ch 262, § 1; SDC Supp 1960, § 54.1103; SL 1970, ch 219, § 3; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1 ; SL 1977, ch 190, § 237; SL 1995, ch 228, § 3; SL 2004, ch 254, § 6.
S.D. Codified Laws § 37-2-16 — SD Code / Title 37 / Chapter 2 / Section 37-2-16
Violation as misdemeanor
Status: in_force

A violation of any provision in §§ 37-2-5 to 37-2-25 , inclusive, and §§ 37-2-30 , 37-2-31 , and 37-2-33 is a Class 1 misdemeanor.

Source: SDC 1939, § 22.9922; SDCL § 39-21-25; SL 1977, ch 190, § 436; SL 2000, ch 200, § 4; SL 2001, ch 211, § 3; SL 2013, ch 186, § 1.
S.D. Codified Laws § 37-10-35 — SD Code / Title 37 / Chapter 10 / Section 37-10-35
Reinstatement of revoked license
Status: in_force

Any person whose license or licenses have been revoked pursuant to §§ 37-10-29 to 37-10-32 , inclusive, may apply to the secretary of revenue at the expiration of sixty days for a reinstatement of his license or licenses. Such license or licenses may be reinstated by the secretary if the secretary is satisfied that the licensee will comply with the provisions of this chapter and the rules promulgated thereunder.

Source: SL 1966, ch 157, § 16 (2); SL 1987, ch 82, § 55; 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 § 37-4-5 — SD Code / Title 37 / Chapter 4 / Section 37-4-5
Denial of membership by exchange as misdemeanor--Refusal to deal with member
Status: in_force

It is a Class 1 misdemeanor for any chamber of commerce, board of trade or exchange to adopt any rule, regulation, bylaw, or order, or to make any order in violation of the provisions of this chapter or to refuse or unreasonably delay the admission of any applicant to full and equal membership in any such organization or to refuse to trade or deal with any member or to permit any member to refuse so to deal with any other member on an equal basis with all other members, or to adopt, prescribe, construe, or apply any rule, order, or regulation which shall have the effect of avoiding or tending to avoid or violate any of the provisions of this chapter.

Source: SDC 1939, §§ 54.0803, 54.9905; SL 1977, ch 190, § 234.
S.D. Codified Laws § 37-5B-30 — SD Code / Title 37 / Chapter 5B / Section 37-5B-30
Opinions
Status: in_force

The director may, upon request and upon payment of a fee of fifty dollars, respond to requests for interpretive opinions relating to this chapter.

Source: SL 2008, ch 203, § 30.
S.D. Codified Laws § 37-2-46 — SD Code / Title 37 / Chapter 2 / Section 37-2-46
Liability of retail dealer in petroleum products limited under certain conditions
Status: in_force

A retail dealer in petroleum products subject to inspection under the provisions of this chapter is not liable for damages caused by the use of incompatible motor fuel dispensed at the retail dealer's retail motor fuel pump, if all of the following apply:

(1) The incompatible motor fuel complies with the specifications for a type of motor fuel as provided in this chapter;

(2) The incompatible motor fuel is selected by a person other than the retail dealer or an employee or agent of the retail dealer; and

(3) The incompatible motor fuel is dispensed from a motor fuel pump that correctly labels the type of fuel dispensed.

For the purposes of this section, a motor fuel is incompatible with a motor according to the manufacturer of the motor.

Source: SL 2013, ch 188, § 1.
S.D. Codified Laws § 37-5B-23 — SD Code / Title 37 / Chapter 5B / Section 37-5B-23
Advertisement
Status: in_force

No person may publish or cause to be published in this state any advertisement concerning any franchise after the director has found that the advertisement contains any statement that is false or misleading or omits to make any statement necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading, and has so notified the person by written order. The director may issue an order without prior notice or hearing.

After the issuance of an order, the person desiring to use the advertisement may, in writing, request a hearing on the order. Upon the receipt of the written request, the director shall set a hearing to commence within fifteen days after the receipt of the request unless the person making the request consents to a later date. After the hearing, which shall be conducted in accordance with chapter 1-26 , the director shall, by written order, either affirm, modify, or vacate the order.

Unless the director requests the filing of an advertisement, there is no requirement to file advertising with the division.

Source: SL 2008, ch 203, § 23.
S.D. Codified Laws § 37-30-7 — SD Code / Title 37 / Chapter 30 / Section 37-30-7
Contract between solicitor and charitable organization--Requirements--Failure to comply as misdemeanor
Status: in_force

A contract between a paid solicitor and a charitable organization shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization and shall state the minimum amount which the charitable organization shall receive as a result of the solicitation campaign, which minimum amount shall be stated as a percentage of the gross revenue. Such minimum amount may not include any amount which the charitable organization is to pay as expenses of the solicitation campaign. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1990, ch 314, § 7.
S.D. Codified Laws § 37-11-5 — SD Code / Title 37 / Chapter 11 / Section 37-11-5
Filing of statements prerequisite to bringing legal action, enforcing rights, or recovery
Status: in_force

No person or firm operating or interested in a business, may maintain any legal action in the name under which the business is conducted unless the person or firm has complied with the provisions of §§ 37-11-1 and 37-11-2 . No such person or firm may recover anything or enforce any right claimed to be due or arising out of the operation of the business until the statement required by § 37-11-1 or 37-11-2 has been filed.

Source: SDC 1939 § 49.0802; SL 2015, ch 202, § 2.
S.D. Codified Laws § 37-4A-2 — SD Code / Title 37 / Chapter 4A / Section 37-4A-2
Resolution by mediation
Status: in_force

Any contract for an agricultural commodity, of more than one year duration, between a contractor and a producer shall contain language attempting to provide for resolution of contract disputes by mediation. Either party to a contract may initiate mediation services, as specified in the contract, to facilitate resolution of the dispute. Mediation shall be completed within forty - five days unless both parties agree to extend the time period, or the parties shall be released. No party may proceed to litigation until an attempt has been made to mediate the dispute.

Source: SL 1997, ch 277, § 2.
S.D. Codified Laws § 37-25A-39 — SD Code / Title 37 / Chapter 25A / Section 37-25A-39
Offers to sell accepted in this state
Status: in_force

For the purpose of this chapter, an offer to sell is accepted in this state if acceptance:

(1) Is communicated to the offeror in this state; and

(2) Has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether either party is then present in this state if the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance.

Source: SL 1985, ch 305, § 39.
S.D. Codified Laws § 37-26-11 — SD Code / Title 37 / Chapter 26 / Section 37-26-11
Attorney general's action for injunctive relief--Recovery of penalty for state--Maximum amount--Receivership--Disposition of civil penalties
Status: in_force

The attorney general shall investigate violations of this chapter. If, from information in his possession there are reasonable grounds to believe that any person has violated or is about to violate any provisions of this chapter, or that any club is insolvent, the attorney general shall on behalf of the state, sue for and seek injunctive relief against any such violations or threatened violations. The attorney general shall also sue for and recover for the state, from any person who is found to have violated any provision of this chapter, a civil penalty, in an amount to be determined by the court, not in excess of twenty - five thousand dollars. If a club has failed to maintain the bond required by this chapter, or is insolvent or in imminent danger of insolvency, the attorney general shall sue for and have an order appointing a receiver for the property, assets, business and affairs of the club. All civil penalties recovered under this section shall be deposited in the general fund of the state treasury.

Source: SL 1975, ch 246, § 11; SL 1987, ch 29, § 54.
S.D. Codified Laws § 37-31-1 — SD Code / Title 37 / Chapter 31 / Section 37-31-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Assistive device," any device, including a demonstrator, that a consumer purchases or accepts transfer of in this state which is used for a major life activity, including manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual; hearing aids, telephone communication devices (TTY), assistive listening devices, and other aids that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance an individual's ability to communicate; and breathing, feeding, or any other assistive devices that enable a person with a disability to perform other major life activities, communicate, see, hear, or maneuver;

(2) "Assistive device dealer," a person who is in the business of selling assistive devices;

(3) "Assistive device lessor," a person who leases an assistive device to a consumer or who holds the lessor's rights under a written lease;

(4) "Collateral costs," expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive device;

(5) "Consumer," any of the following:

(a) The purchaser of an assistive device if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale;

(b) A person to whom an assistive device is transferred for purposes other than resale if the transfer occurs before the expiration of an express warranty applicable to the assistive device;

(c) A person who may enforce the warranty; and

(d) A person who leases an assistive device from an assistive device lessor under a written lease;

(6) "Demonstrator," an assistive device used primarily for the purpose of demonstration to the public;

(7) "Early termination costs," any expense or obligation that an assistive device lessor incurs as a result of both the termination of a written lease before the termination date set in that lease and the return of an assistive device to a manufacturer pursuant to this chapter. Early termination costs include a penalty for prepayment under a finance arrangement;

(8) "Early termination savings," any expense or obligation that an assistive device lessor avoids as a result of both the termination of a written lease before the termination date set in that lease and the return of an assistive device to a manufacturer pursuant to this chapter. Early termination savings include an interest charge that the assistive device lessor would have paid to finance the assistive device or, if the assistive device lessor does not finance the assistive device, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination;

(8A) "Major life activity," a function such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;

(9) "Manufacturer," a person who manufactures or assembles assistive devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive device, but not an assistive device dealer;

(10) "Nonconformity," a condition or defect that substantially impairs the use, value, or safety of an assistive device and that is covered by an express warranty applicable to the assistive device or to a component of the assistive device, but not a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive device by a consumer;

(11) "Reasonable attempt to repair," either or both of the following occurring within the term of an express warranty applicable to a new assistive device or within one year after first delivery of the assistive device to a consumer, whichever is sooner;

(a) The same nonconformity is subject to repair at least twice by the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers;

(b) The assistive device is out of service for at least thirty cumulative days because of a nonconformity;

(12) "Express warranty," an express warranty as determined under § 57A-2-313 .

Source: SL 1996, ch 242, § 1.
S.D. Codified Laws § 37-14-20 — SD Code / Title 37 / Chapter 14 / Section 37-14-20
Application of deposit and transfer requirements
Status: in_force

Sections 37-14-18 and 37-14-19 do not apply to any livestock auction agency licensed pursuant to chapter 40-15 or to any real estate sale.

Source: SL 1993, ch 299, § 3.
S.D. Codified Laws § 37-14-18 — SD Code / Title 37 / Chapter 14 / Section 37-14-18
Deposit of auction receipts into separate auction proceeds account
Status: in_force

Any money that an auction cashier receives on behalf of a client from an auction sale shall be deposited in a separate account maintained for auction sale proceeds only.

Source: SL 1993, ch 299, § 1; SL 1998, ch 242, § 17.
S.D. Codified Laws § 37-2-38 — SD Code / Title 37 / Chapter 2 / Section 37-2-38
Violation as misdemeanor
Status: in_force

Any franchisor found guilty of violating the provisions of § 37-2-35 or 37-2-37 is guilty of a Class 1 misdemeanor.

Source: SL 2008, ch 201, § 5.
S.D. Codified Laws § 37-2-25 — SD Code / Title 37 / Chapter 2 / Section 37-2-25
Sale of certain petroleum products on other than gross volume basis unlawful
Status: in_force

The sale of gasoline or other middle distillate petroleum products, not including liquefied petroleum gases or petroleum fuels commercially known as number four, number five and number six, on a temperature adjusted or any basis other than gross volume, is unlawful.

Source: SL 1980, ch 260.
S.D. Codified Laws § 37-30A-10 — SD Code / Title 37 / Chapter 30A / Section 37-30A-10
Additional excluded transactions
Status: in_force

The provisions of §§ 37-30A-4 to 37-30A-8 , inclusive, do not apply to a transaction in which the consumer may obtain a full refund for the return of undamaged and unused goods, or a cancellation of services, if notice is sent to the seller within ten days after receipt by the consumer, and the seller processes the refund within thirty days after receipt of the returned merchandise by the consumer or the refund for any services not performed on a pro rata basis. The return and refund privilege shall be disclosed to the consumer orally by telephone or in writing with advertising or promotional material, and in writing with delivery of the product or service.

Source: SL 1997, ch 222, § 10.
S.D. Codified Laws § 37-20-1 — SD Code / Title 37 / Chapter 20 / Section 37-20-1
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, § 58.
S.D. Codified Laws § 37-23-5 — SD Code / Title 37 / Chapter 23 / Section 37-23-5
Cooperation of state agencies
Status: in_force

All departments, officers, agencies, and employees of the State of South Dakota shall cooperate with the attorney general in carrying out his functions under this chapter.

Source: SL 1969, ch 226, § 4; SL 1987, ch 29, § 45.
S.D. Codified Laws § 37-24-62 — SD Code / Title 37 / Chapter 24 / Section 37-24-62
Genetic material protection--Service provider--Confidentiality
Status: in_force

A service provider under contract with a direct-to-consumer genetic testing company is subject to the same confidentiality obligations as the direct-to-consumer genetic testing company, as set forth in § 37-24-60 , with respect to all biological samples, genetic data, and information regarding the identity of any consumer that is in the service provider's possession.

Source: SL 2026, ch 164, § 4.
S.D. Codified Laws § 37-25A-27 — SD Code / Title 37 / Chapter 25A / Section 37-25A-27
Administration of oaths--Subpoena power--Taking evidence
Status: in_force

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

Source: SL 1985, ch 305, § 27; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-30-20 — SD Code / Title 37 / Chapter 30 / Section 37-30-20
Power of attorney general to deny, suspend or revoke registration of paid solicitor
Status: in_force

The attorney general may, pursuant to chapter 1-26 , deny, suspend, or revoke the registration of any paid solicitor which has violated any of the provisions of this chapter. The attorney general may accept a written assurance of compliance when the attorney general determines that a violation of this chapter is not material and the public interest would not be served by a denial, suspension, or revocation of such registration.

Source: SL 1990, ch 314, § 20.
S.D. Codified Laws § 37-30A-15 — SD Code / Title 37 / Chapter 30A / Section 37-30A-15
Other actions not affected
Status: in_force

Any action arising under this chapter in no way affects any cause of action arising under other laws of this state or under the common law, whether or not the other cause of action is included within the provisions of this chapter.

Source: SL 1997, ch 222, § 15.
S.D. Codified Laws § 37-29-5 — SD Code / Title 37 / Chapter 29 / Section 37-29-5
Preservation of secrecy
Status: in_force

In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in - camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.

Source: SL 1988, ch 354, § 5.
S.D. Codified Laws § 37-31-6 — SD Code / Title 37 / Chapter 31 / Section 37-31-6
No enforcement of lease following refund to consumer
Status: in_force

No person may enforce a lease against a consumer after the consumer receives a refund due under § 37-31-5 .

Source: SL 1996, ch 242, § 6.
S.D. Codified Laws § 37-2-21 — SD Code / Title 37 / Chapter 2 / Section 37-2-21
Powers and duties of secretary of public safety, employees, and law enforcement officers--Access to premises and records--Information furnished by carrier employees
Status: in_force

Whenever the words, inspector of petroleum products, or, inspector, appear throughout §§ 37-2-5 to 37-2-24 , inclusive, they mean the secretary of public safety and any of the secretary's duly appointed and acting deputies, agents, assistants, or employees, engaged in administering or enforcing the provisions of those sections. For such purposes the secretary and the secretary's deputies, assistants, agents, and employees, and any law enforcement officer requested to aid in such purposes shall have the necessary rights of visitation, inspection, examination, and access to all places, property, and records, including the right to take a reasonable amount of samples for analysis. Any employee of any common carrier doing business in this state shall furnish, if requested, information as to arrival or departure of consignments of such products.

Source: SDC 1939, § 22.1501; SL 1939, ch 92; SDCL, § 39-21-30; SL 1973, ch 2, § 54; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 20, 121; SL 2005, ch 207, § 5.
S.D. Codified Laws § 37-2-37 — SD Code / Title 37 / Chapter 2 / Section 37-2-37
Franchisee may not be prevented from selling renewable fuels in lieu of one grade of gasoline
Status: in_force

No franchise-related document that requires that three grades of gasoline be sold by the applicable franchisee may prevent the franchisee from selling one or more renewable fuels in lieu of one, and only one, grade of gasoline.

Source: SL 2008, ch 201, § 4; SL 2011, ch 188, § 3.
S.D. Codified Laws § 37-4-2 — SD Code / Title 37 / Chapter 4 / Section 37-4-2
Open membership required of exchanges--Cooperatives included
Status: in_force

Every market described in § 37-4-1 , whether heretofore or hereafter organized, shall be open to membership, with equal rights and privileges with all other members, to any person, firm, company, corporation, or association desiring to deal in or trade in the commodity or commodities usually dealt in on such market, who shall make application for membership and whose methods of business operation or plan of organization shall not conflict with or contravene any reasonable rule, regulation, or bylaw of such market.

The words "company," "corporation," or "association" herein designated shall include cooperative corporations or associations organized under the laws of the State of South Dakota.

Source: SDC 1939, § 54.0802.
S.D. Codified Laws § 37-2-1 — SD Code / Title 37 / Chapter 2 / Section 37-2-1
Discrimination between localities in selling price as misdemeanor
Status: in_force

Any person, firm, company, association, or corporation, foreign or domestic, engaged in the business of selling gasoline, kerosene or liquefied petroleum gases within the state that shall intentionally, for the purpose of creating a monopoly, or of destroying the business of a regularly established competitor in any locality, discriminate by direct or indirect methods between different sections, communities, or municipalities of this state, by selling the above commodities at a lower rate in one section, community, or municipality, or any portion thereof, than such person, firm, company, association, or corporation shall charge for same in another section, community, or municipality, after making due allowance, if any, in the grade or quality, and the cost of transportation from the refinery, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 54.0901, 54.9906; SL 1957, ch 275; SL 1977, ch 190, § 211.
S.D. Codified Laws § 37-21A-10 — SD Code / Title 37 / Chapter 21A / Section 37-21A-10
Interstate agreements for reciprocal recognition of certification
Status: in_force

The secretary may enter into an informal reciprocal agreement with any other state that has registration policies similar to the policies of South Dakota. Under the agreement, a registered service agent or a registered service agency of a state party to the reciprocal agreement is granted full reciprocal authority, including reciprocal recognition of certification of standards and testing equipment, if the registered service agency voluntarily registers in South Dakota and pays the corresponding fee.

Source: SL 1973, ch 257, § 2; SL 2006, ch 187, § 22; SL 2016, ch 183, § 40.
S.D. Codified Laws § 37-10-15 — SD Code / Title 37 / Chapter 10 / Section 37-10-15
Promotional merchandise not considered in determining cost
Status: in_force

Merchandise given free or payment made to a retailer or wholesaler by the manufacturer thereof for display, or advertising, or promotion purposes, or otherwise, shall not be considered in determining the cost of cigarettes to the retailer or wholesaler.

Source: SL 1966, ch 157, § 11 (2).
S.D. Codified Laws § 37-24-5.6 — SD Code / Title 37 / Chapter 24 / Section 37-24-5.6
Deceptive to fail to honor notice of cancellation of door to door sale--Notice of intent to repossess or abandon delivered goods
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 or refuse to honor any valid notice of cancellation by a buyer and within ten business days after the receipt of such notice, to refund all payments made under the contract or sale; return any goods or property traded in, in substantially as good condition as when received by the seller; cancel and return any negotiable instrument executed by the buyer in connection with the contract or sale and take any action necessary or appropriate to terminate promptly any security interest created in the transaction;

(2) Fail, within ten business days of receipt of the buyer's notice of cancellation, to notify him whether the seller intends to repossess or to abandon any shipped or delivered goods.

Source: SDCL, § 37-24-6 as added by SL 1975, ch 244, § 7 (g), (h).
S.D. Codified Laws § 37-21-12 — SD Code / Title 37 / Chapter 21 / Section 37-21-12
Impersonation of secretary or department employee as misdemeanor
Status: in_force

Any person who impersonates in any way the secretary or an employee of the department in the performance of the person's official duties, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 63.9903; SL 1977, ch 190, § 287; SL 1996, ch 320 (Ex. Ord. 96-1), §§ 19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2016, ch 183, § 27.
S.D. Codified Laws § 37-10-23 — SD Code / Title 37 / Chapter 10 / Section 37-10-23
Sale at less than cost or offer of rebate as evidence of intent to prevent competition
Status: in_force

Evidence of advertisement, offering to sell or sale of cigarettes by any retailer or wholesaler at less than cost to him or evidence of any offer of a rebate in price or the giving of a rebate in price or an offer of a concession or the giving of 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, or the inducing or attempt to induce or the procuring or the attempt to procure the purchase of cigarettes at a price less than cost to the wholesaler or the retailer shall be prima facie evidence of intent to injure competition and to destroy or substantially lessen competition.

Source: SL 1966, ch 157, § 3 (3).
S.D. Codified Laws § 37-24-21 — SD Code / Title 37 / Chapter 24 / Section 37-24-21
Assurance not admission--Failure to comply prima facie evidence of violation
Status: in_force

An assurance of voluntary compliance may not be considered an admission of violation for any purpose. However, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this chapter, and may not be disclosed unless such disclosure, in the opinion of the attorney general, would be in the public interest.

Source: SL 1971, ch 218, § 9; SL 1987, ch 29, § 51.
S.D. Codified Laws § 37-32-7 — SD Code / Title 37 / Chapter 32 / Section 37-32-7
Name of sponsor on notice
Status: in_force

If a written prize notice is given by a solicitor on behalf of a sponsor, the name of the sponsor shall be prominently and conspicuously displayed.

Source: SL 1997, ch 223, § 7.
S.D. Codified Laws § 37-10-32 — SD Code / Title 37 / Chapter 10 / Section 37-10-32
Periods of suspension of license--Revocation for persistent violations
Status: in_force

If the secretary of revenue finds that a licensee has failed to comply with any provisions of this chapter or any rule promulgated thereunder, the secretary shall, in the case of the first offender, suspend the license or licenses of the licensee for a period of not less than five nor more than twenty days, and for subsequent offenses not less than twenty days nor more than twelve months, and, if the secretary finds the offender has been guilty of willful and persistent violations, he may revoke the person's license or licenses.

Source: SL 1966, ch 157, § 16 (1); SL 1987, ch 82, § 54; 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 § 37-10-21 — SD Code / Title 37 / Chapter 10 / Section 37-10-21
Liquidation sales 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 sold upon the final liquidation of a business.

Source: SL 1966, ch 157, § 8 (4).
S.D. Codified Laws § 37-5B-8 — SD Code / Title 37 / Chapter 5B / Section 37-5B-8
Start-up financial statements
Status: in_force

For the purposes of § 37-5B-7 , a start-up franchise system that does not yet have audited financial statements, may phase-in the use of audited financial statements by providing, at a minimum, the following statements in the times indicated below:

(1) The franchisor's first partial or full fiscal year selling franchises: an unaudited opening balance sheet;

(2) The franchisor's second fiscal year selling franchises: audited balance sheet opinion as of the end of the first partial or full fiscal year selling franchises; and

(3) The franchisor's third and subsequent fiscal years selling franchises: all required financial statements for the previous fiscal year, plus any previously disclosed audited statements that still must be disclosed 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, § 8.
S.D. Codified Laws § 37-37-4 — SD Code / Title 37 / Chapter 37 / Section 37-37-4
Refund to be made to consumer and any lien holders--Allowance for use
Status: in_force

Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the farm machinery. A reasonable allowance for use is that amount directly attributable to use by the consumer before the consumer's first report of the nonconformity to the manufacturer or authorized dealer.

Source: SL 2019, ch 178, § 4.
S.D. Codified Laws § 37-25A-19 — SD Code / Title 37 / Chapter 25A / Section 37-25A-19
Limitation of revocation, suspension, or denial proceeding
Status: in_force

The director of the Division of Insurance may not institute a proceeding under § 37-25A-18 against an effective registration on the basis of a fact or transaction known to the director when the registration became effective unless the proceeding is instituted within the next thirty days.

Source: SL 1985, ch 305, § 19; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-33-2 — SD Code / Title 37 / Chapter 33 / Section 37-33-2
"Appropriate inventory repurchase program" defined--"Inventory" defined--"Commercially reasonable" defined--"Current and marketable" defined
Status: in_force

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, appropriate inventory repurchase program, means a program by which a plan or operation repurchases, upon request and upon commercially reasonable terms, when the salesperson's business relationship with the company ends, current and marketable inventory in the possession of the salesperson that was purchased by the salesperson for resale. Any such plan or operation shall clearly describe the program in its recruiting literature, sales manual, or contract with independent salespersons, including the disclosure of any inventory which is not eligible for repurchase under the program.

For the purposes of this section, the term, inventory, includes both goods and services, including company - produced promotional materials, sales aids, and sales kits that the plan or operation requires independent salespersons to purchase.

The term, commercially reasonable terms, means the repurchase of current and marketable inventory within twelve months from the date of purchase at not less than ninety percent of the original net cost, less appropriate set - offs and legal claims, if any.

The term, current and marketable, excludes inventory that is no longer within its commercially reasonable use or shelf - life period, that was clearly described to salespersons prior to purchase as seasonal, discontinued, or special promotion products not subject to the plan or operation's inventory repurchase program, or that has been used or opened.

Source: SL 2003, ch 213, § 2.
S.D. Codified Laws § 37-30A-2 — SD Code / Title 37 / Chapter 30A / Section 37-30A-2
Required disclosures
Status: in_force

Any telemarketer who makes an unsolicited consumer telephone communication to a residential telephone number shall:

(1) On caller identification technologies, use and display the telemarketer's authentic name or entity and telephone number;

(2) Immediately identify themselves with their true name, the true name of the telemarketer by whom they are employed, and the true name and address of the business on whose behalf the person is soliciting and the purpose of the communication;

(3) Within thirty seconds after beginning the conversation, inquire whether the person being solicited is interested in listening to a sales presentation and immediately discontinue the solicitation if the person being solicited gives a negative response; and

(4) Immediately hang up the telephone at any time during the solicitation that the consumer expresses a disinterest in the good or service offered.

Source: SL 1997, ch 222, § 2; SL 2020, ch 171, § 2.
S.D. Codified Laws § 37-21-1 — SD Code / Title 37 / Chapter 21 / Section 37-21-1
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, § 59.
S.D. Codified Laws § 37-24-32 — SD Code / Title 37 / Chapter 24 / Section 37-24-32
Other private remedies unaffected
Status: in_force

Section 37-24-31 shall apply only to causes of action arising under § 37-24-6 and shall in no way affect causes of action arising under other laws of this state or under the common law, whether or not such other causes of action are included within the provisions of § 37-24-6 .

Source: SL 1971, ch 218, § 8.
S.D. Codified Laws § 37-5-1 — SD Code / Title 37 / Chapter 5 / Section 37-5-1
Coercion of dealer to force unwanted purchases 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 purchase or accept delivery of any merchandise, repair parts for the merchandise, or any other commodity that has not been ordered by the 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, § 1; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1 ; SL 1977, ch 190, § 235; SL 1995, ch 228, § 1; SL 2004, ch 254, § 4.
S.D. Codified Laws § 37-30A-11 — SD Code / Title 37 / Chapter 30A / Section 37-30A-11
Return of goods within refund period--Duties of telemarketer who has received notice to cancel from consumer
Status: in_force

The telemarketer shall guarantee the goods to be satisfactory to the consumer to the extent that the consumer may, at any time within the ten - day refund period, 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 the goods were received by the consumer. A telemarketer that has received the notice to cancel from a consumer shall, within thirty days of receipt of the notice:

(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, § 11.
S.D. Codified Laws § 37-25A-13 — SD Code / Title 37 / Chapter 25A / Section 37-25A-13
Rule requiring filing of advertising and literature authorized
Status: in_force

The director of the Division of Insurance may by rule or order require the filing of all proposed literature or advertising prior to its use.

Source: SL 1985, ch 305, § 13; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-32-4 — SD Code / Title 37 / Chapter 32 / Section 37-32-4
Retail value and statement of odds
Status: in_force

The verifiable retail value and the statement of odds required in a written prize notice shall be stated in immediate proximity to each listing of the prize in each place the prize appears on the written prize notice and shall be in the same size and boldness of type as the prize. The statement of odds shall include, for each prize, the total number of prizes to be given away and the total number of written prize notices to be delivered. The number of prizes and written prize notices shall be stated in Arabic numerals. The statement of odds shall be in the following form: "___ (number of prizes) out of ___ written prize notices." The verifiable retail value shall be in the following form: "verifiable retail value: $___."

Source: SL 1997, ch 223, § 4.
S.D. Codified Laws § 37-28-1 — SD Code / Title 37 / Chapter 28 / Section 37-28-1
Definitions
Status: in_force

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

(1) "Act of Congress," the Act of Congress approved June 18, 1934, entitled an act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes, as amended, and commonly known as the Foreign Trade Zones Act of 1934;

(2) "Private corporation," a corporation organized under §§ 47-1A-101 to 47-1A-863.3 , inclusive, §§ 47-1A-1001 to 47-1A-1021 , inclusive, and §§ 47-1A-1201 to 47-1A-1202.6 , inclusive, one of the purposes of which is to establish, operate and maintain a foreign trade zone by itself or in conjunction with a public corporation;

(3) "Public corporation," this state; a political subdivision of this state; any municipality therein; any public agency of the state, of any public subdivision in the state or of any municipality in the state; or any other corporate instrumentality of this state.

Source: SL 1984, ch 261, § 1; SL 2005, ch 202, § 2.
S.D. Codified Laws § 37-10-39 — SD Code / Title 37 / Chapter 10 / Section 37-10-39
Severability of provisions--Severability from other laws
Status: in_force

If any provision 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 or application, and to this end the provisions of this chapter are declared to be severable. Any determination of invalidity of this or any portion of this chapter shall not be deemed to invalidate or render ineffectual any of the provisions of any other law regulating, taxing, or in any way affecting the sale and distribution of cigarettes in this state.

Source: SL 1966, ch 157, § 18.
S.D. Codified Laws § 37-5B-33 — SD Code / Title 37 / Chapter 5B / Section 37-5B-33
Public and nonpublic records
Status: in_force

Each application, notice and report filed with the director under this chapter is open to public inspection in accordance with rules prescribed by the director. The director may publish information filed with the director or obtained by the director, if, in the judgment of the director, such action is in the public interest.

No record obtained by the director pursuant to § 37-5B-35 is open to public inspection.

Source: SL 2008, ch 203, § 33.
S.D. Codified Laws § 37-6-10 — SD Code / Title 37 / Chapter 6 / Section 37-6-10
Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use
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 may not be registered if it consists of a mark which:

(1) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or

(2) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or

(3) Is primarily merely a surname.

However, nothing in this section prevents the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five years next preceding the date of the filing of the application for registration.

Source: SDC 1939, § 51.0904; SL 1955, ch 232, § 2; SDC Supp 1960, § 51.0902 (5); SL 1980, ch 264, § 8; SL 1987, ch 29, § 94.
S.D. Codified Laws § 37-30-17 — SD Code / Title 37 / Chapter 30 / Section 37-30-17
Misdemeanors involving knowing misrepresentations and false, misleading or unauthorized solicitation practices--Use of unregistered paid solicitor as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for:

(1) Any person to knowingly misrepresent the purpose or beneficiary of a solicitation;

(2) Any person to knowingly misrepresent the purpose or nature of a charitable organization;

(3) Any person to use or exploit the fact of registration so as to lead the public to believe that such registration constitutes an endorsement or approval by the state;

(4) Any person to knowingly misrepresent that any other person sponsors or endorses a solicitation;

(5) Any person to use the name of a charitable organization, or to display any emblem, device or printed matter belonging to or associated with a charitable organization without the express written permission of the charitable organization;

(6) Any charitable organization to use the name which is the same as or confusingly similar to the name of another charitable organization unless the latter organization shall consent in writing to its use;

(7) Any person to knowingly make any false or misleading statement on any document required by this chapter; or

(8) Any charitable organization to use the services of an unregistered paid solicitor.

Source: SL 1990, ch 314, § 17.
S.D. Codified Laws § 37-2-7 — SD Code / Title 37 / Chapter 2 / Section 37-2-7
Examination and testing specifications and methods
Status: in_force

Specifications and methods for the examination and test of petroleum products shall be determined by the department and shall be based upon standards from ASTM and NIST as of January 1, 2020. If promulgated as rules of the department in accordance with the provisions of chapter 1-26 , the specifications shall be the specifications for the petroleum products sold in this state and official tests of the petroleum products shall be based upon the test specifications determined, adopted, and promulgated.

Source: SDC 1939, § 22.1506 (6) as enacted by SL 1953, ch 95, § 1; SDCL § 39-21-7; SL 2004, ch 17, § 240; SL 2006, ch 202, § 3; SL 2013, ch 185, § 1; SL 2016, ch 183, § 10; SL 2020, ch 170, § 3.
S.D. Codified Laws § 37-22-7 — SD Code / Title 37 / Chapter 22 / Section 37-22-7
Department facilities and equipment
Status: in_force

The department may acquire standard weights and measures and additional facilities and equipment including motor vehicles or other means of conveyance deemed necessary and suitable in carrying on the work of inspecting, testing, and correcting scales and performing generally the duties established by this chapter.

Source: SDC 1939, § 63.0303; SL 1992, ch 277, § 5; SL 2004, ch 17, § 267; SL 2016, ch 183, § 46.
S.D. Codified Laws § 37-14-4 — SD Code / Title 37 / Chapter 14 / Section 37-14-4
Farm sales, judicial sales and closing out sales exempt
Status: in_force

The provisions of §§ 37-14-2 to 37-14-5 , inclusive, do not extend to the sale at public auction of livestock, farm machinery, or farm produce or any other item commonly sold at a farm sale, to any auction sale held under authority of or under the supervision and direction of any court of this state, or to any person, firm, or corporation who has been engaged in business in the State of South Dakota for a period of at least one year, conducting a closing out or stock reduction sale of the business.

Source: SL 1955, ch 233, § 8; SDC Supp 1960, § 54.0510; SL 1998, ch 242, § 3.
S.D. Codified Laws § 37-1-18 — SD Code / Title 37 / Chapter 1 / Section 37-1-18
Failure to attend or produce evidence as contempt
Status: in_force

Any person, officer, or agent in the service or employment of any corporation, limited liability company, partnership, or association of persons, who neglects or refuses to make returns, attend, and testify or answer any lawful requirement provided for in this chapter, or produce records, documents, or other evidence, if in the person's custody, control, or power to do so, in obedience to the subpoenas of the courts, is guilty of contempt and shall be punished as provided by law.

Source: SDC 1939, § 13.1810; SL 1994, ch 351, § 83.
S.D. Codified Laws § 37-1-14.4 — SD Code / Title 37 / Chapter 1 / Section 37-1-14.4
Limitation of actions for violations
Status: in_force

An action under § 37-1-14.2 to recover a civil penalty is barred if it is not commenced within four years after the claim for relief accrues. An action under § 37-1-14.3 to recover damages is barred if it is not commenced within four years after the claim for relief accrues, or within one year after the conclusion of any timely action brought by the state under § 37-1-14.2 or 37-1-14.3 based in whole or in part on any matter complained of in the action for damages, whichever is later.

Source: SL 1977, ch 305, § 12.
S.D. Codified Laws § 37-5B-32 — SD Code / Title 37 / Chapter 5B / Section 37-5B-32
Records of filings and orders
Status: in_force

The director shall maintain a record which shows the notice filed franchise and for whom filed, and shall specify the conditions, limitations, and restrictions upon the filing, if any, or shall make proper reference to a formal order of the director on file showing the conditions, limitations, and restrictions.

Source: SL 2008, ch 203, § 32.
S.D. Codified Laws § 37-10-8 — SD Code / Title 37 / Chapter 10 / Section 37-10-8
Presumption as to cost of doing business by retailer purchasing from manufacturer
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, the cost of doing business by the retailer, who, in connection with the retailer's purchase, received not only the discounts ordinarily allowed upon purchase by a retailer, but also, in whole or in part, the discounts ordinarily allowed upon purchases by a wholesaler, shall be presumed to be eight percent of the sum of the basic cost of cigarettes and the cost of doing business by the wholesaler.

Source: SL 1966, ch 157, § 4 (3); 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 § 37-30-10 — SD Code / Title 37 / Chapter 30 / Section 37-30-10
Employee of paid solicitor--Requirements
Status: in_force

A paid solicitor shall require that any person he directly or indirectly employs, procures, or engages to solicit comply with the provisions of §§ 37-30-8 and 37-30-9 .

Source: SL 1990, ch 314, § 10.
S.D. Codified Laws § 37-21-15 — SD Code / Title 37 / Chapter 21 / Section 37-21-15
Inspection of packages or commodities offered for sale
Status: in_force

The secretary may weigh or measure and inspect packages or amounts of commodities of whatever kind kept for the purpose of sale, offered or exposed for sale, sold, or in the process of delivery, to determine whether the packages or commodities contain the amounts represented, and whether the packages or commodities are being offered for sale or sold in a manner pursuant to law.

Source: SDC 1939, § 63.0103; SL 2004, ch 17, § 254; SL 2016, ch 183, § 29.
S.D. Codified Laws § 37-24-44 — SD Code / Title 37 / Chapter 24 / Section 37-24-44
Collection of e-mail addresses to initiate unsolicited commercial e-mail advertisements prohibited
Status: in_force

No person may collect electronic mail addresses posted on the internet if the purpose of the collection is for the electronic mail addresses to be used 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 South Dakota electronic mail address.

Source: SL 2007, ch 226, § 4.
S.D. Codified Laws § 37-7-2.1 — SD Code / Title 37 / Chapter 7 / Section 37-7-2.1
Sale of purported articles--Disclosure required--Specifications--Violation
Status: in_force

It is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article that purports to be an American Indian art or craft but was not manufactured by an American Indian, unless the person places, immediately above the article, a sign that states explicitly the article is not a genuine American Indian art or craft. The sign required under this section must not be less than twenty-four inches by sixteen inches in size, and the lettering on the sign must not be less than one-half inch in height.

Source: SL 1974, ch 251, § 1; SL 1977, ch 190, § 250; SL 2023, ch 142, § 1.
S.D. Codified Laws § 37-22A-5 — SD Code / Title 37 / Chapter 22A / Section 37-22A-5
Administration and enforcement of chapter
Status: in_force

The provisions of chapter 37-22 , relating to heavy scales and defining the duties and powers of the department apply to and govern the administration and enforcement of this chapter.

Source: SL 1970, ch 221, § 4; SL 2004, ch 17, § 276; SL 2016, ch 183, § 56.
S.D. Codified Laws § 37-1-32 — SD Code / Title 37 / Chapter 1 / Section 37-1-32
Attorney general's powers--Common law powers not derogated
Status: in_force

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

Source: SL 1980, ch 259, § 11.
S.D. Codified Laws § 37-5B-45 — SD Code / Title 37 / Chapter 5B / Section 37-5B-45
Effect of order without hearing
Status: in_force

If no hearing is requested and none is ordered by the director, an order entered pursuant to § 37-5B-41 without a hearing shall remain in effect until it is modified or vacated by the director.

Source: SL 2008, ch 203, § 45.
S.D. Codified Laws § 37-5B-1 — SD Code / Title 37 / Chapter 5B / Section 37-5B-1
Definitions
Status: in_force

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

(1) "Action," any complaint, cross claim, counterclaim, and third-party complaint in a judicial action or proceeding, and their equivalent in an administrative action or arbitration;

(2) "Affiliate," any entity controlled by, controlling, or under common control with another entity;

(3) "Confidentiality clause," any contract, order, or settlement provision that directly or indirectly restricts a current or former franchisee from discussing the franchisee's personal experience as a franchisee in the franchisor's system with any prospective franchisee. The term does not include any clause that protects franchisor's trademarks or other proprietary information;

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

(5) "Disclosure document," the Federal Trade Commission franchise disclosure document as set forth pursuant to 16 C.F.R. Part 436, as of January 1, 2008;

(6) "Disclose, state, describe, and list," to present all material facts accurately, clearly, concisely, and legibly in plain English;

(7) "Filing, filed," the receipt pursuant to this chapter of a record by the director;

(8) "Financial performance representation," any representation, including any oral, written, or visual representation, to a prospective franchisee, including a representation in the general media, that states, expressly or by implication, a specific level or range of actual or potential sales, income, gross profits, or net profits. The term includes any chart, table, or mathematical calculation that shows possible results based on a combination of variables;

(9) "Fiscal year," the franchisor's fiscal year;

(10) "Fractional franchise," any franchise relationship that satisfies the following criteria when the relationship is created:

(a) The franchisee, or any of the franchisee's current directors or officers, or any current directors or officers of a parent or affiliate, has more than two years of experience in the same type of business; and

(b) The parties have a reasonable basis to anticipate that the sales arising from the relationship will not exceed twenty percent of the franchisee's total dollar volume in sales during the first year of operation;

(11) "Franchise," any continuing commercial relationship or arrangement, whatever it may be called, in which the terms of the offer or contract specify, or the franchise seller promises or represents, orally or in writing, that:

(a) The franchisee will obtain the right to operate a business that is identified or associated with the franchisor's trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with the franchisor's trademark;

(b) The franchisor will exert or has authority to exert a significant degree of control over the franchisee's method of operation, or provide significant assistance in the franchisee's method of operation; and

(c) As a condition of obtaining or commencing operation of the franchise, the franchisee makes a required payment or commits to make a required payment to the franchisor or its affiliate;

(12) "Franchisee," any person who is granted a franchise;

(13) "Franchise seller," any person that offers for sale, sells, or arranges for the sale of a franchise. The term includes the franchisor and the franchisor's employees, representatives, agents, subfranchisors, and third-party brokers who are involved in franchise sales activities. The term does not include existing franchisees who sell only their own outlet and who are otherwise not engaged in franchise sales on behalf of the franchisor;

(14) "Franchisor," any person who grants a franchise and participates in the franchise relationship. Unless otherwise stated, the term includes subfranchisors. For purposes of this subdivision, a subfranchisor is any person who functions as a franchisor by engaging in both pre-sale activities and post-sale performance;

(15) "Leased department," any arrangement whereby a retailer licenses or otherwise permits a seller to conduct business from the retailer's location where the seller purchases no goods, services, or commodities directly or indirectly from the retailer, a person the retailer requires the seller to do business with, or a retailer-affiliate if the retailer advises the seller to do business with the affiliate;

(16) "Offer," any attempt to dispose of, and any solicitation of an offer to buy, a franchise or interest in a franchise for value by purchase, license, or otherwise. The term does not include an offer to extend or renew an existing franchise if there is no interruption in the franchisee's operation of the business, unless the terms and conditions of the extension or renewal differ materially from the original agreement. The term also does not include an offer of a franchise by an existing franchisee if the franchisor has had no significant involvement with the prospective franchisee. A franchisor's prior dealing with a prospective franchisee alone is not deemed to be significant involvement;

(17) "Order," any consent, authorization, approval, prohibition or requirement, or other order applicable to a specific case, issued by the director;

(18) "Notice filing application," the form adopted by the director and used to make notice filings of franchises;

(19) "Parent," an entity that controls another entity directly, or indirectly through one or more subsidiaries;

(20) "Person," any individual, group, association, limited or general partnership, corporation, limited liability company, or any other entity;

(21) "Plain English," the organization of information and language usage understandable by a person unfamiliar with the franchise business. The term incorporates short sentences; definite, concrete, everyday language; active voice; and tabular presentation of information, whenever possible. The term avoids legal jargon, highly technical business terms, and multiple negatives;

(22) "Predecessor," any person from whom the franchisor acquired, directly or indirectly, the major portion of the franchisor's assets;

(23) "Principal business address," the street address of a person's home office in the United States. The term does not include a post office box or private mail drop;

(24) "Prospective franchisee," any person (including any agent, representative, or employee) who approaches or is approached by a franchise seller to discuss the possible establishment of a franchise relationship;

(25) "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(26) "Required payment," any consideration that the franchisee must pay to the franchisor or an affiliate, either by contract or by practical necessity, as a condition of obtaining or commencing operation of the franchise. The term does not include any payment for the purchase of reasonable amounts of inventory at bona fide wholesale prices for resale or lease;

(27) "Rule," any rule promulgated by the director in accordance with chapter 1-26 ;

(28) "Sale of a franchise," any agreement whereby a person obtains a franchise from a franchise seller for value by purchase, license, or otherwise. The term does not include extending or renewing an existing franchise agreement if there has been no interruption in the franchisee's operation of the business, unless the new agreement contains terms and conditions that differ materially from the original agreement. The term also does not include the transfer of a franchise by an existing franchisee if the franchisor has had no significant involvement with the prospective transferee. A franchisor's approval or disapproval of a transfer alone is not deemed to be significant involvement;

(29) "Signature," a person's affirmative method of authenticating his or her identity. The term includes a person's handwritten signature, as well as a person's use of security codes, passwords, electronic signatures, and similar devices to authenticate his or her identity;

(30) "Trademark," any trademark, service mark, name, logo, and other commercial symbol;

(31) "Willfully," if applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. The term does not require any intent to violate law, or to injure another, or to acquire any advantage;

(32) "Written or in writing," any document or information in printed form or in any form capable of being preserved in tangible form and read. The term includes: type-set, word processed, or handwritten document; information on computer disk or CD-ROM; information sent via email; or information posted on the internet. The term does not include mere oral statements.

Source: SL 2008, ch 203, § 1; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-30-8 — SD Code / Title 37 / Chapter 30 / Section 37-30-8
Solicitor required to have written consent before permitted to use name of charitable organization--Failure to comply as misdemeanor
Status: in_force

A paid solicitor may not represent that any part of the contributions received will be given or donated to any charitable organization unless such organization has consented in writing to the use of its name, prior to the solicitation. Such written consent shall be signed by two authorized officers, directors or trustees of the charitable organization. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1990, ch 314, § 8.
S.D. Codified Laws § 37-5B-17 — SD Code / Title 37 / Chapter 5B / Section 37-5B-17
Delivery of disclosure document
Status: in_force

In connection with the offer or sale of a franchise in this state, unless the transaction is exempted by the provisions of §§ 37-5B-12 to 37-5B-16 , inclusive, it is a prohibited practice and a violation of this chapter for any person, directly or indirectly, to:

(1) Fail to furnish a prospective franchisee with a copy of the franchisor's current disclosure document at least fourteen calendar-days before the prospective franchisee signs a binding agreement with, or makes any payment to, the franchisor or an affiliate in connection with the proposed franchise sale;

(2) Alter unilaterally and materially the terms and conditions of the basic franchise agreement or any related agreements attached to the disclosure document without furnishing the prospective franchisee with a copy of each revised agreement at least seven calendar-days before the prospective franchisee signs the revised agreement. Any change to an agreement that arises out of negotiations initiated by the prospective franchisee does not trigger this seven calendar-day period; or

(3) Fail to include all of the information required in the disclosure document if preparing the disclosure document to be furnished to a prospective franchisee. A franchise seller is liable for a violation of this subdivision if the seller either directly participated in the preparation of the disclosure document or had the authority to control those who did.

Source: SL 2008, ch 203, § 17.
S.D. Codified Laws § 37-2-41 — SD Code / Title 37 / Chapter 2 / Section 37-2-41
Refiners, importers, and producers--Federal requirements
Status: in_force

A refiner, importer, or producer of petroleum products, as defined by subdivision 37-2-5 (10), shall comply with the automotive fuel rating, certification, and record-keeping requirements of 16 C.F.R. §§ 306.5 to 306.7, inclusive, in effect on January 1, 2020.

Source: SL 2013, ch 187, § 3, eff. Mar. 6, 2013; SL 2020, ch 170, § 4.
S.D. Codified Laws § 37-24-58 — SD Code / Title 37 / Chapter 24 / Section 37-24-58
Cooperation of financial institution with investigation of abuse, neglect, or exploitation of elder or adult with disability
Status: in_force

A financial institution shall cooperate with any lead investigative agency, law enforcement, or prosecuting authority that is investigating the abuse, neglect, or exploitation of an elder or adult with a disability and comply with reasonable requests for the production of financial records. 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, § 27.
S.D. Codified Laws § 37-17-1 — SD Code / Title 37 / Chapter 17 / Section 37-17-1
Sale after removal or alteration of serial number as misdemeanor or felony
Status: in_force

Any person who knowingly sells or offers for sale any agricultural implement, farm tractor, or other type of farm machinery or equipment, or radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictating machine, tape recorder, watch, watch movement, watch case, or any mechanical or electrical device, appliance, contrivance, material, piece of apparatus, or equipment, which is identified by a serial number placed thereon by the manufacturer, the original serial number of which has been destroyed, removed, altered, covered, or defaced, is guilty of a Class 2 misdemeanor if the value of the property is four hundred dollars or less. If the value of the property is more than four hundred dollars and less than one thousand dollars, such person is guilty of a Class 1 misdemeanor. If the value of the property is one thousand dollars or greater, such person is guilty of a Class 4 felony.

Source: SL 1951, ch 261; SDC Supp 1960, § 54.1102; SL 1966, ch 156; SL 1977, ch 190, § 275; SL 2006, ch 130, § 15.
S.D. Codified Laws § 37-4-1 — SD Code / Title 37 / Chapter 4 / Section 37-4-1
Exchanges subject to chapter--Small-volume exchanges exempt
Status: in_force

Every chamber of commerce, board of trade or exchange maintaining or operating a regular place of business or trading room for members only, in which the members buy, sell, or exchange grain, livestock, or other farm products for themselves or for others, is hereby declared to be a public market subject to the provisions of this chapter. This chapter shall not apply to any such exchange or market whose total annual volume of transfers or exchanges does not exceed three million bushels of grain, or one hundred thousand head of livestock, or two million pounds of butterfat.

Source: SDC 1939, § 54.0801.
S.D. Codified Laws § 37-10-5 — SD Code / Title 37 / Chapter 10 / Section 37-10-5
Computation of cost to retailer--Expenses included
Status: in_force

Cost to the retailer shall mean the basic cost of cigarettes to the retailer plus the cost of doing business by the retailer, 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, 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, § 4 (1).
S.D. Codified Laws § 37-24-17 — SD Code / Title 37 / Chapter 24 / Section 37-24-17
Judicial enforcement of notice, demand or subpoena
Status: in_force

Any person refusing to obey such notice, demand, or subpoena, or to testify when subpoenaed, or to bring evidence required to be brought by said notice, demand, or subpoena, may be certified to the circuit court nearest to the point where the notice, demand, or subpoena requires appearance, and the said circuit court may then enforce compliance to said notice, demand, or subpoena by order, the noncompliance with which shall be treated the same as a contempt of said court.

Source: SL 1971, ch 218, § 13.
S.D. Codified Laws § 37-26-8 — SD Code / Title 37 / Chapter 26 / Section 37-26-8
Punishment under other criminal laws not prevented by chapter
Status: in_force

Nothing in this chapter shall limit the power of this state to punish any person for any conduct which constitutes a crime under any other statute.

Source: SL 1975, ch 246, § 15.
S.D. Codified Laws § 37-1-20 — SD Code / Title 37 / Chapter 1 / Section 37-1-20
Remedies cumulative
Status: in_force

The remedies provided for in this chapter shall be construed as cumulative and not exclusive.

Source: SDC 1939, § 13.1811.
S.D. Codified Laws § 37-25A-2 — SD Code / Title 37 / Chapter 25A / Section 37-25A-2
Exclusions from definition of business opportunity
Status: in_force

For the purposes of this chapter, the term, business opportunity, does not include:

(1) Any offer or sale of an on-going business operated by the seller and sold in its entirety;

(2) Any offer or sale of a business opportunity to an on-going business if the seller provides products, equipment, supplies, or services which are substantially similar to the products, equipment, supplies or services sold by the purchaser in connection with the purchaser's on-going business;

(3) Any offer or sale of a business opportunity which has notice filed or is exempt from notice filing pursuant to §§ 37-5B-1 to 37-5B-50 , inclusive, or any offer or sale of a business opportunity that is excluded from the definition of business opportunity as set forth in 16 C.F.R. Part 437 as of January 1, 2008;

(4) Any offer or sale of a business opportunity registered pursuant to chapter 47-31B ;

(5) Any offer or sale of a business opportunity involving a marketing plan made in conjunction with the licensing of a federally registered trademark or federally registered service mark if the seller had a minimum net worth of one million dollars as determined by the seller's most recent audited financial statement, prepared within thirteen months of the first offer 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 excluded under this subdivision;

(6) Any offer or sale of a business opportunity by a personal representative, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator or a judicial offer or sale of a business opportunity.

Source: SL 1985, ch 305, § 2; SL 1989, ch 30, § 64; SL 2004, ch 278, § 63; SL 2008, ch 203, § 56.
S.D. Codified Laws § 37-30-26 — SD Code / Title 37 / Chapter 30 / Section 37-30-26
Required contents of message--Failure to comply as misdemeanor
Status: in_force

Any telephone solicitation message shall disclose immediately after telephone contact the name of the person, company or organization making the call and the purpose of the call and the goods or services being offered, if any. A violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 322, § 4.
S.D. Codified Laws § 37-37-1 — SD Code / Title 37 / Chapter 37 / Section 37-37-1
Definitions
Status: in_force

Term used in this chapter mean:

(1) "Consumer," the purchaser, other than for purposes of resale, of new farm machinery used for agricultural purposes, who is entitled by the terms of the warranty to enforce the obligations of the warranty;

(2) "Express warranty," a written warranty, so labeled, issued by the manufacturer of new farm machinery, including any terms or conditions precedent to the enforcement of obligations under that warranty;

(3) "Farm machinery," any self-propelled equipment or machinery used for agricultural purposes being transferred for the first time from a manufacturer, distributor, or new farm machinery dealer which is offered for sale, barter, or exchange by a dealer who is franchised to sell, barter, or exchange that particular make of new farm machinery. The term includes farm machinery propelled by power other than muscular power but does not include off-road vehicles other than self-propelled equipment and machinery used for agricultural purposes;

(4) "Lemon law rights period," the period ending one year after the date of the original delivery of new farm machinery to a consumer;

(5) "Manufacturer," the person, firm, corporation, or limited liability company engaged in the business of manufacturing, importing, or distributing farm machinery to be made available to a farm machinery dealer for retail sale;

(6) "Nonconforming condition," any condition of new farm machinery that is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and that significantly impairs the use, value, or safety of the farm machinery and occurs or arises solely in the course of the ordinary use of the farm machinery, and that does not arise or occur as a result of abuse, neglect, modification, or alteration of the farm machinery not authorized by the manufacturer, nor from any accident or other damage to the farm machinery that occurs or arises after the farm machinery was delivered by an authorized dealer to the consumer;

(7) "Notice of a nonconforming condition," a written statement delivered to the manufacturer and that describes the farm machinery, the nonconforming condition, and all previous attempts to correct the nonconforming condition by identifying the person who made the attempt and the time the attempt was made.

Source: SL 2019, ch 178, § 1.
S.D. Codified Laws § 37-30-24 — SD Code / Title 37 / Chapter 30 / Section 37-30-24
"Telephone solicitation" defined
Status: in_force

For the purposes of §§ 37-30-23 to 37-30-29 , inclusive, a telephone solicitation is the unsolicited initiation of a telephone call to a residential telephone customer for the purpose of encouraging a person to purchase property, goods, or services or soliciting donations of money, property, goods, or services. Telephone solicitation does not include:

(1) Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months prior to the telephone contact;

(2) Calls made for a not - for - profit organization to its own list of bona fide or active members of the organization;

(3) Calls limited to polling or soliciting the expression of ideas, opinions or votes;

(4) Business - to - business contacts or contacts with residential customers with whom a business or credit relationship exists; or

(5) Calls utilized for relaying messages for private purposes, including voice messaging services or message delivery services.

Source: SL 1991, ch 322, § 2.
S.D. Codified Laws § 37-10-38 — SD Code / Title 37 / Chapter 10 / Section 37-10-38
Action for damages without injunction
Status: in_force

If no injunctive relief is sought or required, any person injured by a violation of this chapter may maintain an action for damages and costs of suit in any court of competent jurisdiction.

Source: SL 1966, ch 157, § 15 (2).
S.D. Codified Laws § 37-30A-12 — SD Code / Title 37 / Chapter 30A / Section 37-30A-12
Location of sale
Status: in_force

For the purposes of enforcement of this chapter, any telemarketing sale is considered to have taken place in the state where the consumer is located, regardless of the location of the telemarketer.

Source: SL 1997, ch 222, § 12.
S.D. Codified Laws § 37-1-22 — SD Code / Title 37 / Chapter 1 / Section 37-1-22
Judicial interpretations of similar statutes as guide
Status: in_force

It is the intent of the Legislature that in construing this chapter, the courts may use as a guide interpretations given by the federal or state courts to comparable antitrust statutes.

Source: SL 1977, ch 305, § 13.
S.D. Codified Laws § 37-1-6 — SD Code / Title 37 / Chapter 1 / Section 37-1-6
Price differential to meet competition in buying permitted
Status: in_force

Notwithstanding § 37-1-5 , any person or corporation buying commodities described therein in more than one section, community, locality, or first or second class municipality, may raise prices in any given section, community, locality, or municipality to but not above the prices paid by other persons or corporations buying such commodities in such section, community, locality, or municipality, when necessary to meet actual legitimate competition in such section, community, locality, or municipality, without being held to have violated the provisions of this chapter.

Source: SDC 1939, § 13.1804; SL 1992, ch 60, § 2.
S.D. Codified Laws § 37-24-31 — SD Code / Title 37 / Chapter 24 / Section 37-24-31
Action for damages brought by person adversely affected
Status: in_force

Any person who claims to have been adversely affected by any act or a practice declared to be unlawful by § 37-24-6 shall be permitted to bring a civil action for the recovery of actual damages suffered as a result of such act or practice.

Source: SL 1971, ch 218, § 8.
S.D. Codified Laws § 37-22-5 — SD Code / Title 37 / Chapter 22 / Section 37-22-5
Appointment of inspectors
Status: in_force

The department may appoint suitable and competent inspectors to aid the department in making inspections of scales under its jurisdiction.

Source: SDC 1939, § 63.0302; SL 1945, ch 350; SL 2002, ch 184, § 1; SL 2004, ch 17, § 265; SL 2006, ch 187, § 25; SL 2016, ch 183, § 45.
S.D. Codified Laws § 37-24-5.7 — SD Code / Title 37 / Chapter 24 / Section 37-24-5.7
Criteria for compliance of door to door sales with notice requirements
Status: in_force

A door to door sale shall be deemed to be in compliance with the notice requirements of this chapter if:

(1) The buyer may at any time:

(a) Cancel the sale; or

(b) Refuse to accept delivery of the goods without incurring any obligation to pay for them; or

(c) Return the goods to the seller and receive a full refund for any amount the buyer has paid; and

(2) The buyer's right to cancel the sale, refuse delivery, or return the goods without obligation or charge at any time is clearly and unmistakably set forth on the face or reverse side of the receipt or contract.

Source: SL 1975, ch 244, § 8.
S.D. Codified Laws § 37-5B-51 — SD Code / Title 37 / Chapter 5B / Section 37-5B-51
Pending actions and actions based on prior conduct
Status: in_force

Any action or proceeding that is pending on July 1, 2008 or may be instituted on the basis of conduct occurring before July 1, 2008, is still subject to the provisions of chapter 37-5A as of June 30, 2008. However, no civil action may be maintained to enforce any liability under chapter 37-5A unless instituted within any period of limitation that applied when the cause of action accrued or within three years after July 1, 2008, whichever is earlier.

Source: SL 2008, ch 203, § 52.
S.D. Codified Laws § 37-24-53 — SD Code / Title 37 / Chapter 24 / Section 37-24-53
Restitution and reimbursement for organized retail crime
Status: in_force

The court shall order a person who is found guilty of organized retail crime to make restitution to any retail seller victim and to reimburse the governmental entity for its expenses incurred as a result of the violation of § 37-24-52 .

Source: SL 2014, ch 191, § 7.
S.D. Codified Laws § 37-30A-14 — SD Code / Title 37 / Chapter 30A / Section 37-30A-14
Civil action permitted for willful violation
Status: in_force

Any consumer who claims to have been adversely affected by any act or practice declared to be unlawful by this chapter may bring a civil action for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of a willful act or practice. In addition, the consumer may collect the court costs and attorney fees expended by the consumer to bring an action under this section.

Source: SL 1997, ch 222, § 14.
S.D. Codified Laws § 37-23-6 — SD Code / Title 37 / Chapter 23 / Section 37-23-6
Injunctive procedures by attorney general
Status: in_force

The attorney general of the State of South Dakota is hereby authorized to file injunctive procedures in any cases dealing with the protection of the consumer.

Source: SL 1969, ch 226, § 6.
S.D. Codified Laws § 37-5B-6 — SD Code / Title 37 / Chapter 5B / Section 37-5B-6
Amendments
Status: in_force

The director may require the franchisor to alter or amend the proposed disclosure document in order to assure full and fair disclosure to prospective purchasers.

Source: SL 2008, ch 203, § 6.
S.D. Codified Laws § 37-30A-1 — SD Code / Title 37 / Chapter 30A / Section 37-30A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Consumer," an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes;

(2) "Consumer goods or services," any tangible personal property or services, including merchandise as defined by subdivision 37-24-1 (7), normally used for personal, family, or household purposes, and not for resale or for use or consumption in a trade or business;

(3) "Consumer telephone call," a call made by a telephone solicitor or telemarketer for the purpose of soliciting a sale of any consumer goods or services to the person called, or for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes;

(4) "Telemarketer," any person or organization who individually or through salespersons, initiates the sale, lease, or rental of consumer goods or services, or offers gifts or prizes with the intent to sell, lease, or rent consumer goods or services by text, telephonic means, or by postcard or other written notice sent through the mail in which the goods and services and all the material terms of the transaction, including price and any fees or handling, shipping, or delivery charges, are not fully described and which request that the consumer contact the seller to initiate the transaction. This term does not include any not - for - profit or charitable organization exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 as of January 1, 1997;

(5) "Unsolicited consumer telephone communication," a consumer telephone call or text other than a communication made:

(a) In response to an express request of the person called or texted;

(b) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such communication;

(c) To any person with whom the telemarketer has an existing business relationship;

(d) By a newspaper publisher or such publisher's agent or employee in connection with such publisher's business; or

(e) To any person for the purpose of establishing a date and time for an appointment with a person licensed under Title 58 which will take place at a mutually agreeable physical location.

Source: SL 1997, ch 222, § 1; SL 2003, ch 212, § 2; SL 2020, ch 171, § 1.
S.D. Codified Laws § 37-20-32 — SD Code / Title 37 / Chapter 20 / Section 37-20-32
Placing foreign substance in package to increase weight as misdemeanor
Status: in_force

Every person who, in putting up in any bag, bale, box, barrel, or other package any hops, cotton, hay, or other goods usually sold in bags, bales, boxes, barrels, or packages, by weight, puts in or conceals therein anything whatever for the purpose of increasing the weight of such bag, bale, box, barrel, or package, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 63.9908; SL 1977, ch 190, § 286.
S.D. Codified Laws § 37-24-8 — SD Code / Title 37 / Chapter 24 / Section 37-24-8
Prima facie knowledge of deceptive practice--Civil relief unaffected
Status: in_force

For the purposes only of actions brought by the attorney general under § 37-24-23 or by state's attorneys under § 37-24-24 , the engaging in an act or practice declared to be unlawful by § 37-24-6 shall be prima facie evidence that the act or practice was engaged in knowingly and intentionally. This section shall not apply with respect to relief sought under § 37-24-29 , to private actions brought under § 37-24-31 , and to the imposition of civil penalties pursuant to §§ 37-24-26 and 37-24-27 .

Source: SL 1971, ch 218, § 2 (d); SL 1992, ch 278, § 3.
S.D. Codified Laws § 37-6-12 — SD Code / Title 37 / Chapter 6 / Section 37-6-12
Classification of goods and services for mark registration--Registration limited to single class
Status: in_force

The following general classes of goods and services are established for the convenience of the administration of §§ 37-6-4 to 37-6-27 , inclusive, but not to limit or extend the applicant's or registrant's rights. A single application for registration of a mark may include any goods or services upon which the mark is actually being used which are comprised in a single class, but a single application may not include goods or services which fall within different classes of goods or services. The classes of goods are as follows:

(1) Chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids or pastes, for industrial use; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry;

(2) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colouring matters, dyestuffs; mordants; natural resins; metals in foil and powder form for painters and decorators;

(3) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices;

(4) Industrial oils and greases (other than oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night lights, and wicks;

(5) Pharmaceutical, veterinary, and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax, disinfectants; preparations for killing weeds and destroying vermin;

(6) Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (nonelectric); locksmith's work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; ores;

(7) Machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; incubators;

(8) Hand tools and instruments; cutlery, forks, and spoons; side arms;

(9) Scientific, nautical, surveying, and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), lifesaving, and teaching apparatus and instruments; coin or counterfeit apparatus; talking machines; cash registers; calculating machines; fire extinguishing apparatus;

(10) Surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes, and teeth);

(11) Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes;

(12) Vehicles; apparatus for locomotion by land, air, or water;

(13) Firearms; ammunition and projectiles; explosive substances; fireworks;

(14) Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks, and spoons); jewelry, precious stones, horological, and other chronometric instruments;

(15) Musical instruments (other than talking machines and wireless apparatus);

(16) Paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, books; bookbinding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (stereotype);

(17) Gutta percha, India rubber, balata, and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks, and rods, used in manufacture; materials for packing, stopping or insulating; asbestos, mica, and their products; hose pipes (nonmetallic);

(18) Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and traveling bags; umbrellas, parasols, and walking sticks; whips, harness, and saddlery;

(19) Building materials, natural and artificial stone, cement, lime, mortar, plaster, and gravel; pipes of earthenware or cement; roadmaking materials; asphalt, pitch, and bitumen; portable buildings; stone monuments; chimney pots;

(20) Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, substitutes for all these materials, or of plastics;

(21) Small domestic utensils and containers (not of precious metals, or coated therewith); combs and sponges; brushes (other than paint brushes); brushmaking materials; instruments and material for cleaning purposes, steel wool; unworked or semi-worked glass (excluding glass used in building); glassware, porcelain and earthenware, not included in other classes;

(22) Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials;

(23) Yarns, threads;

(24) Tissues (piece goods); bed and table covers; textile articles not included in other classes;

(25) Clothing, including boots, shoes, and slippers;

(26) Lace and embroidery, ribands, and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers;

(27) Carpets, rugs, mats, and matting; linoleums and other materials for covering existing floors; wall hangings (nontextile);

(28) Games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees;

(29) Meats, fish, poultry, and game; meat extracts; preserved, dried, and cooked fruits and vegetables; jellies, jams; eggs, milk, and other dairy products; edible oils and fats; preserves, pickles;

(30) Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour and preparations made from cereals; bread, biscuits, cakes, pastry and confectionary, ices; honey, treacle; yeast, baking powder; salt, mustard, pepper, vinegar, sauces, spices; ice;

(31) Agricultural, horticultural, and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; food-stuffs for animals, malt;

(32) Beer, ale, and porter; mineral and aerated waters and other nonalcoholic drinks; syrups and other preparations for making beverages;

(33) Wines, spirits, and liqueurs; and

(34) Tobacco, raw or manufactured; smokers' articles; matches;

The classes of services are as follows:

(35) Advertising and business;

(36) Insurance and financial;

(37) Construction and repair;

(38) Communication;

(39) Transportation and storage;

(40) Material treatment;

(41) Education and entertainment;

(42) Computer, scientific, and legal;

(43) Hotels and restaurants;

(44) Medical, beauty, and agricultural; and

(45) Personal.

Source: SL 1955, ch 232, § 9; SDC Supp 1960, § 51.0909; SL 1980, ch 264, § 10; SL 1995, ch 229; SL 2006, ch 203, § 1.
S.D. Codified Laws § 37-29-6 — SD Code / Title 37 / Chapter 29 / Section 37-29-6
Statute of limitations
Status: in_force

An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.

Source: SL 1988, ch 354, § 6.
S.D. Codified Laws § 37-32-3 — SD Code / Title 37 / Chapter 32 / Section 37-32-3
Written prize notice--Contents
Status: in_force

A written prize notice shall contain all of the following information:

(1) The true name, address, and telephone number of the solicitor and sponsor;

(2) The verifiable retail value of each prize the individual has been selected or may be eligible to receive;

(3) If the notice lists more than one prize that the individual has won or will receive, a statement of the odds the individual has of receiving each prize;

(4) Any requirement or invitation for the individual to view, hear, or attend a sales presentation in order to claim a prize, the approximate length of the sales presentation, and a description of the property or service that is the subject of the sales presentation;

(5) Any requirement that the individual pay shipping or handling fees or any other charges to obtain or use a prize;

(6) If receipt of the prize is subject to a restriction, a statement that a restriction applies, a description of the restriction, and a statement containing the location in the notice where the restriction is described;

(7) Any limitations on eligibility; and

(8) If the individual is invited or required to telephone the solicitor or sponsor to enter or claim a prize, a statement disclosing the average length of such a call, any toll charges beyond normal long distance charges that the individual has to pay, and any other methods available to the individual to enter or claim a prize.

Source: SL 1997, ch 223, § 3.
S.D. Codified Laws § 37-24-14 — SD Code / Title 37 / Chapter 24 / Section 37-24-14
Subpoena powers of attorney general--Hearings--Forms--Rules and regulations
Status: in_force

To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred on him by this chapter, may issue subpoenas to any person, conduct hearings in aid of any investigation or inquiry, prescribe such forms and, in compliance with chapter 1-26 , promulgate rules governing:

(1) The conduct of investigations;

(2) When, what and to whom information concerning sellers will be released; and

(3) The conditions under which assurances of voluntary compliance will be accepted.

Source: SL 1971, ch 218, § 11; revised pursuant to SL 1972, ch 15, § 4; SL 1987, ch 29, § 47.
S.D. Codified Laws § 37-1-3.4 — SD Code / Title 37 / Chapter 1 / Section 37-1-3.4
Labor not an article of commerce--Labor and agricultural organizations permitted
Status: in_force

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

Source: SL 1977, ch 305, § 4.
S.D. Codified Laws § 37-5-16 — SD Code / Title 37 / Chapter 5 / Section 37-5-16
Definitions
Status: in_force

Terms used in §§ 37-5-16 to 37-5-18 , inclusive, shall only be used for the purposes of §§ 37-5-16 to 37-5-18 , inclusive, and mean:

(1) "Retailer of outdoor power equipment," a business that purchases outdoor power equipment for resale including: light industrial lawn and garden equipment, handheld lawn and garden equipment, snow removal equipment, and small engines and other power sources that operate such equipment;

(2) "Manufacturer," a person who manufactures or assembles outdoor power equipment and sells outdoor power equipment directly or through a distributor to a retailer of outdoor power equipment and provides a warranty;

(3) "Warranty," a commitment by a manufacturer to provide parts and labor for the outdoor power equipment they manufacture that is defective or needs adjustment or repair.

Source: SL 2004, ch 255, § 1.
S.D. Codified Laws § 37-21A-7 — SD Code / Title 37 / Chapter 21A / Section 37-21A-7
Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees
Status: in_force

A registered service agent and a registered service agency shall submit, annually to the secretary, for examination and certification, any standards and testing equipment that are used, or are to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. No registered service agent or agency may use in servicing any commercial weighing or measuring device any standards or testing equipment that have not been certified by the secretary. The department shall charge a ninety-six dollar per hour fee for the examination and certification.

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 37-22-10 , through the General Appropriations Act.

Source: SL 1973, ch 257, § 8; SL 1992, ch 277, § 3; SL 2002, ch 183, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2007, ch 224, § 5; SL 2016, ch 183, § 38.
S.D. Codified Laws § 37-6-1 — SD Code / Title 37 / Chapter 6 / Section 37-6-1
Definition of terms used in counterfeiting provisions
Status: in_force

The following definitions apply to §§ 37-6-2 and 37-6-3 :

(1) "Affixing" within the meaning of such sections is complete, whether such mark is affixed to the goods themselves, or to any box, bale, barrel, bottle, case, cask, wrapper, or other package, or vessel, or any cover or stopper thereof, in which such goods are put up;

(2) "Goods" includes every kind of goods, wares, merchandise, compound, or preparation which may be lawfully kept or offered for sale;

(3) "Trade - mark" includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman to denote any goods to be goods imported, manufactured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description.

Source: SDC 1939, § 13.1822.
S.D. Codified Laws § 37-25A-37 — SD Code / Title 37 / Chapter 25A / Section 37-25A-37
Sales and offers subject to chapter
Status: in_force

The provisions of this chapter concerning sales and offers to sell apply to persons who sell or offer to sell if:

(1) An offer to sell is made in this state;

(2) An offer to purchase is made and accepted in this state; or

(3) The purchaser is domiciled in this state and the business opportunity is operated in this state.

Source: SL 1985, ch 305, § 37.
S.D. Codified Laws § 37-30A-4 — SD Code / Title 37 / Chapter 30A / Section 37-30A-4
Written confirmation of verbal agreement required
Status: in_force

Any verbal agreement made by a consumer to purchase any goods or services from a telemarketer is not valid and legally binding unless the telemarketer receives from the consumer a signed written confirmation that discloses in full the terms of the sale agreed upon.

Source: SL 1997, ch 222, § 4.
S.D. Codified Laws § 37-24-33 — SD Code / Title 37 / Chapter 24 / Section 37-24-33
Limitation of actions
Status: in_force

No action under this chapter may be brought more than four years after the occurrence or discovery of the conduct which is the subject of the action.

Source: SL 1971, ch 218, § 16; SL 2008, ch 206, § 1.
S.D. Codified Laws § 37-24-27 — SD Code / Title 37 / Chapter 24 / Section 37-24-27
Civil penalty for intentional violations recovered in action for injunction
Status: in_force

In any action brought under § 37-24-23 , if the court finds that a person is intentionally using or has intentionally used an act or practice declared to be unlawful by § 37-24-6 , the attorney general, 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 his conduct was a violation of § 37-24-6 .

Source: SL 1971, ch 218, § 14 (b), (d); SL 1977, ch 190, § 296.
S.D. Codified Laws § 37-5-8 — SD Code / Title 37 / Chapter 5 / Section 37-5-8
Failure to pay dealer on cancellation of contract--Action by dealer--Applicability of section
Status: in_force

If any manufacturer, wholesaler, or distributor of merchandise or repair parts for the merchandise, or their successors, upon cancellation of a contract by either a dealer or a manufacturer, wholesaler, or distributor, or their successor, fails or refuses to make payment to the dealer as is required by § 37-5-5 , or refuses to supply merchandise or repair parts for the merchandise to a dealer, the manufacturer, wholesaler, or distributor, or their successor, is liable in a civil action to be brought by the dealer for one hundred percent of the net cost of the merchandise, plus transportation charges which have been paid by the dealer and ninety-five percent of the current net price of repair parts for the merchandise, plus five percent for handling and loading plus freight charges which have been paid by the dealer, and plus charges for any specialized computer hardware and software, specialized tool, and signage as specified in § 37-5-5.5 .

This section applies to the following contracts:

(1) In the case of any contract covering farm implements, machinery, and attachments or automobiles, trucks, motor homes, or travel trailers of the type and kind required to be titled and registered under chapters 32-3 and 32-5 , any contract dated after July 1, 1969, and any contract with no expiration date or any continuing contract in effect on July 1, 1969;

(2) In the case of any contract covering industrial and construction equipment and attachments, any contract dated after July 1, 1970, and any contract with no expiration date or any continuing contract in effect on July 1, 1970;

(3) In the case of any contract covering motorcycles, any contract dated after July 1, 1973, and any contract with no expiration date or any continuing contract in effect on July 1, 1973;

(4) In the case of contracts covering office furniture, equipment, and supplies, any contract dated after July 1, 1995, and any contract with no expiration date or any continuing contract in effect on July 1, 1995;

(5) In the case of any contract covering boats, personal watercraft, all-terrain vehicles, or snowmobiles, any contract dated after July 1, 2000, and any contract with no expiration date or any continuing contract in effect on July 1, 2000;

(6) In the case of any contract covering outdoor power equipment and attachments, any contract dated after July 1, 2001, and any contract with no expiration date or any continuing contract in effect on July 1, 2001; and

(7) In the case of any contract covering temperature control units and hybrid auxiliary idle reduction and temperature management systems, any contract dated after July 1, 2008, and any contract with no expiration date or any continuing contract in effect on July 1, 2008.

Source: SL 1969, ch 206, § 3; SL 1970, ch 219, § 6; SL 1973, ch 200, § 2; SDCL Supp, § 37-5-1.1 ; SL 1989, ch 336, § 3; SL 1995, ch 228, § 6; SL 2000, ch 201, § 3; SL 2001, ch 212, § 5; SL 2004, ch 254, § 11; SL 2008, ch 202, § 1.
S.D. Codified Laws § 37-32-9 — SD Code / Title 37 / Chapter 32 / Section 37-32-9
Sales presentations
Status: in_force

If a prize notice requires or invites an individual to view, hear, or attend a sales presentation in order to claim a prize, the sales presentation may not begin until the solicitor does all of the following:

(1) Informs the individual of the prize, if any, that has been awarded to the individual; and

(2) If the individual has been awarded a prize, delivers to the individual the prize or the item selected by the individual pursuant to § 37-32-10 if the prize is not available.

Source: SL 1997, ch 223, § 9.
S.D. Codified Laws § 37-25A-46 — SD Code / Title 37 / Chapter 25A / Section 37-25A-46
Advertising with misleading statements or omissions prohibited
Status: in_force

No person may, in connection with the offer or sale of any business opportunity in this state, publish, circulate, or use any advertising which contains an untrue statement of a material fact or omits 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, § 46.
S.D. Codified Laws § 37-5-10 — SD Code / Title 37 / Chapter 5 / Section 37-5-10
Current unused complete farm implements, machinery or attachments defined
Status: in_force

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

Source: SL 1991, ch 318.
S.D. Codified Laws § 37-21A-8 — SD Code / Title 37 / Chapter 21A / Section 37-21A-8
Denial, suspension, or revocation of certificate of registration
Status: in_force

The secretary may, for good cause, after careful investigation and consideration, deny, suspend, or revoke a certificate of registration. Good cause may include any violation of a weights and measures statute, failure to submit annual calibration documentation for all weighing and measuring devices used in servicing equipment, or calculated misrepresentations with regard to a service agent's competence, equipment, or reports.

Source: SL 1973, ch 257, § 9; SL 2006, ch 187, § 20; SL 2016, ch 183, § 39.
S.D. Codified Laws § 37-25A-15 — SD Code / Title 37 / Chapter 25A / Section 37-25A-15
Form and content of disclosure statement
Status: in_force

The disclosure document shall have a cover sheet entitled, in at least ten - point bold type, "DISCLOSURE REQUIRED BY SOUTH DAKOTA." Under the title shall appear the statement in at least ten - point type that "THE REGISTRATION OF THIS BUSINESS OPPORTUNITY DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY SOUTH DAKOTA. THE INFORMATION CONTAINED IN THIS DISCLOSURE DOCUMENT HAS NOT BEEN VERIFIED BY THIS STATE. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS INVESTMENT, SEEK PROFESSIONAL ADVICE BEFORE YOU SIGN A CONTRACT OR MAKE ANY PAYMENT. YOU ARE TO BE PROVIDED TEN (10) BUSINESS DAYS TO REVIEW THIS DOCUMENT BEFORE SIGNING ANY CONTRACT OR AGREEMENT OR MAKING ANY PAYMENT TO THE SELLER OR THE SELLER'S REPRESENTATIVE." The seller's name and principal business address, along with the date of the disclosure document shall also be provided on the cover sheet. No other information may appear on the cover sheet. The disclosure document shall contain the following information unless the seller uses a disclosure document as provided in subdivision 37-25A-8 (1):

(1) The names and residential addresses of those salespersons who shall engage in the offer or sale of the business opportunity in this state;

(2) The name of the seller, whether the seller is doing business as an individual, partnership or corporation, the names under which the seller has done, is doing or intends to do business, and the name of any parent or affiliated company that shall engage in business transactions with purchasers or which shall be responsible for statements made by the seller;

(3) The names, addresses and titles of the seller's officers, directors, trustees, general managers, principal executives, agents and any other person charged with responsibility for the seller's business activities relating to the sale of the business opportunity;

(4) Prior business experience of the seller relating to business opportunities including: the name, address and a description of any business opportunity previously offered by the seller; the length of time the seller has offered each such business opportunity; and the length of time the seller has conducted the business opportunity currently being offered to the purchaser;

(5) With respect to a person identified in subdivision (3) of this section, a description of the person's business experience for the ten - year period preceding the filing date of this disclosure document. The description of business experience shall list principal occupations and employers, and a listing of the educational and professional background including, the names of schools attended and degrees received, and any other information that demonstrates sufficient knowledge and experience to perform the services proposed;

(6) Whether the seller or any person identified in subdivision (3) of this section:

(a) Has been convicted of any felony, or pleaded nolo contendere to a felony charge, or has been the subject of any criminal, civil or administrative proceedings alleging the violation of any business opportunity law, securities law, commodities law, franchise law, fraud or deceit, embezzlement, fraudulent conversion, restraint of trade, unfair or deceptive practices, misappropriation of property or comparable allegations;

(b) Has filed bankruptcy, been adjudged bankrupt, been reorganized due to insolvency, or was an owner, principal officer or general partner or any other person that has so filed or was so adjudged or reorganized during or within the last seven years.

(7) The name of any person identified in subdivision (6) of this section, nature of and parties to the action or proceeding, court or other forum, date of institution of the action, docket references to the action, current status of the action or proceeding, terms and conditions or any order of decree, the penalties or damages assessed and terms of settlement;

(8) The initial payment required, or if the exact amount cannot be determined, a detailed estimate of the amount of the initial payment to be made to the seller;

(9) A detailed description of the actual services the seller agrees to perform for the purchaser;

(10) A detailed description of any training the seller agrees to provide for the purchaser;

(11) A detailed description of services the seller agrees to perform in connection with the placement of equipment, products or supplies at a location, as well as any agreement necessary in order to locate or operate equipment, products or supplies on a premises neither owned nor leased by the purchaser or seller;

(12) A detailed description of any license or permit that is necessary in order for the purchaser to engage in or operate the business opportunity;

(13) The business opportunity seller who is required to secure a bond pursuant to § 37-25A-23 , shall state in the disclosure document "As required by the State of South Dakota, the seller has secured a bond issued by (insert name and address of surety company), a surety company, authorized to do business in this state. Before signing a contract or agreement to purchase this business opportunity, you should check with the surety company to determine the bond's current status.";

(14) Any representations made by the seller to the purchaser concerning sales or earnings that may be made from this business opportunity, including, but not limited to:

(a) The bases or assumptions for any actual, average, projected or forecasted sales, profits, income or earnings;

(b) The total number of purchasers who, within a period of three years of the date of the disclosure document, purchased a business opportunity involving the product, equipment, supplies or services being offered to the purchaser; and

(c) The total number of purchasers who, within three years of the date of the disclosure statement, purchased a business opportunity involving the product, equipment, supplies or services being offered to the purchaser who, to the seller's knowledge, have actually received earnings in the amount or range specified;

(15) Any seller who makes a guarantee to a purchaser shall give a detailed description of the elements of the guarantee. Such description shall include, but is not limited to, the duration, terms, scope, conditions, and limitations of the guarantee;

(16) A statement of:

(a) The total number of business opportunities that are the same or similar in nature to those that have been sold or organized by the seller;

(b) The names and addresses of purchasers who have requested a refund or rescission from the seller within the last twelve months and the number of those who have received the refund or rescission; and

(c) The total number of business opportunities the seller intends to sell in this state within the next twelve months;

(17) A statement describing any contractual restrictions, prohibitions, or limitations on the purchaser's conduct. Attach a copy of all business opportunity and other contracts or agreements proposed for use or in use in this state including, without limitation, all lease agreements, option agreements and purchase agreements;

(18) The rights and obligations of the seller and the purchaser regarding termination of the business opportunity contract or agreement;

(19) A statement accurately describing the grounds upon which the purchaser may initiate legal action to terminate the business opportunity contract or agreement;

(20) A copy of the most recent audited financial statement of the seller, prepared within thirteen months of the first offer in this state, together with a statement of any material changes in the financial condition of the seller from that date. The director may allow the seller to submit a limited review in order to satisfy the requirements of this subdivision;

(21) A list of the states in which this business opportunity is registered;

(22) A list of the states in which this disclosure document is on file;

(23) A list of the states which have denied, suspended or revoked the registration of this business opportunity;

(24) A section entitled "Risk Factors" containing a series of short concise statements summarizing the principal factors which make this business opportunity a high risk or one of a speculative nature. Each statement shall include a cross - reference to the page on which further information regarding that risk factor can be found in the disclosure document;

(25) Any additional information as the director may require by rule or order.

Source: SL 1985, ch 305, § 15.
S.D. Codified Laws § 37-25A-16 — SD Code / Title 37 / Chapter 25A / Section 37-25A-16
Business opportunity contract to be written--Copy to purchaser
Status: in_force

No person may offer or sell any business opportunity required to be registered unless the business opportunity contract or agreement is in writing and a copy of the contract or agreement is given to the purchaser at the time the purchaser signs the contract or agreement.

Source: SL 1985, ch 305, § 16.
S.D. Codified Laws § 37-24-26 — SD Code / Title 37 / Chapter 24 / Section 37-24-26
Civil penalty for violation of injunction
Status: in_force

The attorney general, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars per violation from any person who violates the terms of an injunction issued under § 37-24-25 .

Source: SL 1971, ch 218, § 14 (a).
S.D. Codified Laws § 37-10-13 — SD Code / Title 37 / Chapter 10 / Section 37-10-13
Tie-in sale at less than value of other goods deemed rebate or concession
Status: in_force

For the purpose of this chapter, a so - called tie - in sale of cigarettes, whereby in conjunction with the purchase of cigarettes, at a price which would not otherwise be less than cost to the vendor, the purchaser is offered other merchandise or other thing of value, without charge or at a charge less than the fair and reasonable retail value of such other merchandise or thing of value, such transaction shall be deemed a rebate or concession.

Source: SL 1966, ch 157, § 3 (1).
S.D. Codified Laws § 37-30-3 — SD Code / Title 37 / Chapter 30 / Section 37-30-3
Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor
Status: in_force

Every paid solicitor shall register each time with the attorney general no less than thirty days prior to conducting any solicitation. The initial registration for a paid solicitor shall be valid for one year and may be renewed for an additional one - year period if the solicitation campaign lasts more than one year. Application for registration shall be made on forms prescribed by the attorney general.

The paid solicitor shall provide the following information on or with the registration form:

(1) Legally established name;

(2) Name or names under which it solicits contributions;

(3) Form of organization;

(4) Date and place of organization;

(5) Street address of principal office in this state, or, if none, the name and street address of the person having custody of books and records within this state;

(6) Names and addresses of officers, directors, trustees and chief executive officer;

(7) Federal and state tax status;

(8) Denial at any time by any governmental agency or court of the right to solicit contributions;

(9) Copy of the completed solicitation notice as provided by § 37-30-6 ;

(10) Copy of the contract between the charitable organization and the paid solicitor as provided by § 37-30-7 ;

(11) Copies of executed documents required by §§ 37-30-8 and 37-30-9 ; and

(12) Such other information as the attorney general may require, by rules promulgated pursuant to chapter 1-26 , to promote fairness of the solicitation and to assure full and fair disclosure of all material information to the attorney general.

The paid solicitor or authorized officer shall sign the registration form and shall certify that the statements therein are true and correct to the best of their knowledge. Any paid solicitor who fails to register as provided by this section is guilty of a Class 1 misdemeanor.

Source: SL 1990, ch 314, § 3.
S.D. Codified Laws § 37-30-9 — SD Code / Title 37 / Chapter 30 / Section 37-30-9
Solicitor required to have written commitment where charitable organization agrees to accept donated tickets to an event--Failure to comply as misdemeanor
Status: in_force

No paid solicitor may represent that tickets to an event are to be donated for use by another, unless the paid solicitor has first obtained a commitment, in writing, from a charitable organization stating that it will accept donated tickets and specifying the number of tickets which it is willing to accept and provided no more contributions for donated tickets shall be solicited than the number of ticket commitments received from the charitable organization. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1990, ch 314, § 9.
S.D. Codified Laws § 37-33-1 — SD Code / Title 37 / Chapter 33 / Section 37-33-1
"Promote" defined
Status: in_force

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, promote, means contrive, prepare, establish, plan, operate, advertise, or otherwise induce or attempt to induce another person to participate in a pyramid promotional scheme.

Source: SL 2003, ch 213, § 1.
S.D. Codified Laws § 37-29-9 — SD Code / Title 37 / Chapter 29 / Section 37-29-9
Short title
Status: in_force

This chapter may be cited as the Uniform Trade Secrets Act.

Source: SL 1988, ch 354, § 9.
S.D. Codified Laws § 37-24-59 — SD Code / Title 37 / Chapter 24 / Section 37-24-59
Genetic material protection--Definitions
Status: in_force

Terms used in this section and §§ 37-24-60 to 37-24-64 , mean:

(1) "Biological sample," any part of a human that is known to contain deoxyribonucleic acid;

(2) "Consumer," an individual who is a resident of this state;

(3) "De-identified data," genetic data that cannot reasonably be used to infer information about, or otherwise be linked to, an identifiable consumer;

(4) "Direct-to-consumer genetic testing company," an entity that:

(a) Offers genetic testing products or services directly to consumers; or

(b) Analyzes, collects, or uses genetic data collected via a direct-to-consumer genetic testing product or service that is provided to the company by the consumer;

(5) "Express consent," an affirmative written response, which may be presented and captured electronically;

(6) "Genetic data," data other than de-identified data, regardless of format, which concerns a consumer's genetic characteristics; and

(7) "Service provider," a person that:

(a) Is involved in the collection, transportation, or analysis of, or any other service in connection with, a consumer's biological sample or genetic data, on behalf of a direct-to-consumer genetic testing company;

(b) Collects, uses, maintains, or discloses biological samples or genetic data, collected or derived from a direct-to-consumer genetic testing product or service, or directly provided by the consumer; or

(c) Delivers the results of the analysis of a biological sample or genetic data.

Source: SL 2026, ch 164, § 1.
S.D. Codified Laws § 37-6-5 — SD Code / Title 37 / Chapter 6 / Section 37-6-5
Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee
Status: in_force

Subject to the limitations set forth in §§ 37-6-6 to 37-6-11 , inclusive, any person who adopts and uses a mark in this state may file in the Office of the Secretary of State, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth the following information:

(1) The name and business address of the person applying for the registration; and, if a corporation, the state of incorporation;

(2) The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with the goods or services and the class in which the goods fall;

(3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or the applicant's predecessor in business; and

(4) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.

The application shall be signed under oath by the applicant or by a member of the firm or an officer of the corporation or association applying. The application shall be accompanied by a specimen or facsimile of the mark in duplicate no larger than eight and one-half inches by eleven inches. The application for registration shall be accompanied by a filing fee of one hundred twenty-five dollars, payable to the secretary of state.

Source: SDC 1939, §§ 51.0901, 51.0903; SL 1955, ch 232, § 3; SL 1980, ch 264, § 3; SL 1997, ch 141, § 2; SL 2003, ch 8, § 7; SL 2006, ch 203, § 2; SL 2009, ch 4, § 7.
S.D. Codified Laws § 37-25A-11 — SD Code / Title 37 / Chapter 25A / Section 37-25A-11
Effective date of registration
Status: in_force

A registration is automatically effective upon the expiration of the tenth full business day after a complete filing if no order is issued or proceeding is pending under § 37-25A-18 . The director of the Division of Insurance may by order waive or reduce the time period prior to effectiveness if a complete filing is made. The director may by order defer the effective date until the expiration of the tenth full business day after the filing of any amendment.

Source: SL 1985, ch 305, § 11; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-2-24 — SD Code / Title 37 / Chapter 2 / Section 37-2-24
Administrative expenses paid from tax and license collections--Allocations from collections
Status: in_force

The expense of all inspections, collections, and refunds in connection with the safety and taxation of all petroleum products shall be paid from the collection of taxes or licenses by the state treasurer, upon bills, vouchers, and payrolls approved by the department and the commissioner of finance and management.

The allocation of funds from the net collections of taxes and licenses on all petroleum products shall be made by the state treasurer pursuant to law.

Source: SL 1943, ch 257, § 5; SDC Supp 1960, § 55.27A01 (2); SDCL § 39-21-35; SL 2004, ch 17, § 241; SL 2016, ch 183, § 14.