reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-20 - Remedies cumulative.

37-1-20. Remedies cumulative.
The remedies provided for in this chapter shall be construed as cumulative and not exclusive.
Source:
SDC 1939, §13.1811.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-22 - Judicial interpretations of similar statutes as guide.

37-1-22. Judicial interpretations of similar statutes as guide.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-23 - Action by state as parens patriae--Circuit court jurisdiction--Monetary relief.

37-1-23. Action by state as parens patriae--Circuit court jurisdiction--Monetary relief.
The attorney general may bring a civil action in the name of the state, as parens patriae on behalf of the natural persons residing in the state, in circuit court, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of this chapter.
Source:
SL 1980, ch 259, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-24 - Treble damages and cost of suit as measure of monetary relief.

37-1-24. Treble damages and cost of suit as measure of monetary relief.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-25 - Exclusions in determining amount of monetary relief.

37-1-25. Exclusions in determining amount of monetary relief.
The court shall exclude from the amount of monetary relief awarded for such action any amount of monetary relief which duplicates amounts which have been awarded for the same injury, or which is properly allocable to natural persons who have excluded their claims pursuant to §37-1-28 and any business entity.
Source:
SL 1980, ch 259, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-26 - Proof of damages--Assessment in aggregate.

37-1-26. Proof of damages--Assessment in aggregate.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-27 - Notice--Manner of giving.

37-1-27. Notice--Manner of giving.
In any action brought under §§37-1-23 to 37-1-32, inclusive, the attorney general shall, at such times, in such manner, and with such content as the court may direct cause notice thereof to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person, the court may direct further notice to such person according to the circumstances of the case.
Source:
SL 1980, ch 259, §5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-28 - Election by injured person to exclude claim from state action for monetary relief--Notice.

37-1-28. Election by injured person to exclude claim from state action for monetary relief--Notice.
Any person on whose behalf an action is brought pursuant to §37-1-23 may elect to exclude from adjudication the portion of the state claim for monetary relief attributable to him by filing notice of such election with the court within such time as specified in the notice given pursuant to §37-1-27.
Source:
SL 1980, ch 259, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-29 - Judgment as res judicata.

37-1-29. Judgment as res judicata.
The final judgment in an action pursuant to §37-1-23 shall be res judicata as to any claim under this section by any person on behalf of whom such action was brought and who fails to give such notice within the period specified in the notice given pursuant to §37-1-27.
Source:
SL 1980, ch 259, §7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-30 - Dismissal or compromise--Approval of court required--Notice.

37-1-30. Dismissal or compromise--Approval of court required--Notice.
An action pursuant to §§37-1-23 to 37-1-32, inclusive, shall not be dismissed or compromised without approval of the court, and notice of any proposed dismissal or compromise shall be given in such manner as the court directs.
Source:
SL 1980, ch 259, §8.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-31 - Distribution of award of monetary relief--Treatment as civil penalty to be deposited in special revenue fund.

37-1-31. Distribution of award of monetary relief--Treatment as civil penalty to be deposited in special revenue fund.
Monetary relief recovered by the attorney general pursuant to §37-1-23 to 37-1-32, inclusive, shall be distributed in such manner as the court in its discretion may authorize, or be deemed a civil penalty by the court and deposited in the antitrust special revenue fund pursuant to §1-11-6.3.
Source:
SL 1980, ch 259, §10.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices › Section 37-1-32 - Attorney general's powers--Common law powers not derogated.

37-1-32. Attorney general's powers--Common law powers not derogated.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-1 - Discrimination between localities in selling price as misdemeanor.

37-2-1. Discrimination between localities in selling price as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-2 - Price differential to meet competition permitted.

37-2-2. Price differential to meet competition permitted.
Any person, firm, company, association, or corporation selling gasoline, kerosene or liquefied petroleum gases in more than one section, community, or municipality, may lower prices in any given section, community, or municipality, to but not below the prices for which others are selling such commodities in such section, community, or municipality, when necessary to meet actual legitimate competition in such section, community, or municipality, without being held to have violated the provisions of this chapter.
Source:
SDC 1939, §54.0901; SL 1957, ch 275.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-3 - Difference in selling prices as prima facie evidence of violation.

37-2-3. Difference in selling prices as prima facie evidence of violation.
Proof of the selling of gasoline, kerosene, or liquefied petroleum gases by any person, firm, company, association, or corporation at a lower rate in one section, community, or municipality of this state than such firm, person, company, association, or corporation charges for such commodity in another section, community, or municipality, after making due allowance for the difference, if any, in the grade or quality, and in the cost of transportation from the refinery shall constitute prima facie evidence of a violation of §37-2-1.
Source:
SDC 1939, §54.0902.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-4 - Remedies cumulative.

37-2-4. Remedies cumulative.
Nothing in §§37-2-1 to 37-2-3, inclusive, shall be construed as repealing any other law in this state, but the remedies therein provided shall be cumulative to all other remedies provided by law in and for such cases.
Source:
SDC 1939, §54.0903.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-5 - Definitions.

37-2-5. Definitions.
Terms used in this chapter mean:
(1)"Alcohol," a colorless volatile flammable liquid containing no more than 1.25 percent of water used for the purpose of blending or mixing with gasoline for use in motor vehicles and commonly known as alcohol, ethanol, or methanol;
(2)"ASTM," the American Society for Testing and Materials;
(3)"Aviation gasoline," a volatile hydrocarbon fuel free from suspended water and sediment matter and that is suitable for use as a fuel in an aviation spark ignition internal combustion engine designed for use in an aircraft;
(3A)"Biodiesel," a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of the American Society of Testing and Materials D 6751 as of January 1, 2020, and is registered with the United States Environmental Protection Agency as a fuel and fuel additive under section 211(b) of the Clean Air Act in effect on January 1, 2020;
(3B)"Biodiesel blend," a special blended fuel comprised of at least two percent by volume of biodiesel blended with petroleum-based diesel fuel, designated BXX. In the abbreviation BXX, the XX represents the volume percentage of biodiesel fuel in the blend;
(4)"Department," the Department of Public Safety;
(5)"Diesel fuel," a refined middle distillate hydrocarbon fuel free from suspended water and sediment matter that is suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine;
(5A)"Ether," methyl tertiary butyl ether;
(6)"Flash test" and "flash point," the flash point as determined by the method of the American Society for Testing Materials, using the instrument known as the Tagliabue closed cup tester;
(7)"Gasoline," a volatile hydrocarbon fuel free from suspended water and sediment matter that is practicable and suitable used as fuel in a spark ignition internal combustion engine;
(8)"Inspector," the secretary or any deputy or assistant appointed by the secretary for the purpose of enforcing the provisions of this chapter;
(9)"Kerosene," a hydrocarbon fuel intended for use in heating and illumination and having an American Petroleum Institute gravity of not less than forty degrees. Kerosene shall also include coal oil and burner oil;
(9A)"NIST," the National Institute of Standards and Technology;
(10)"Petroleum products," gasoline, alcohol blended fuels, kerosene, diesel fuel, aviation gasoline, burner oil, naphtha and lubricating oils;
(11)"Secretary," the secretary of the Department of Public Safety.
Source:
SDC 1939, §22.1506(1), (4), (5); SL 1951, ch 107; SL 1953, ch 95, §1; SDCL §39-21-1; SL 1969, ch 91, §3; SL 1973, ch 2, §54; SL 1985, ch 302, §1; SL 2000, ch 200, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2005, ch 207, §1; SL 2006, ch 202, §1; SL 2016, ch 183, §8; SL 2020, ch 170, § 1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-6 - Promulgation of rules.

37-2-6. Promulgation of rules.
The secretary may, pursuant to chapter 1-26, and in general conformity with ASTM and NIST standards in effect on January 1, 2020, promulgate rules:
(1)Establishing standards for the maximum volume percentages of ethanol, methanol, ether, and cosolvents in alcohol blended fuels;
(2)Establishing a program for and prescribing the methods to be used for the inspection and testing of alcohol blended fuels, petroleum products, biodiesel, and biodiesel blends;
(3)Requiring labeling of devices dispensing alcohol blended fuels, biodiesel, and biodiesel blends;
(4)Establishing standards setting the specifications and tolerance requirements for petroleum products, biodiesel, and biodiesel blends; and
(5)Regulating the filtering system to be used on devices dispensing alcohol blended fuels.
Source:
SDC 1939, §22.1501; SL 1939, ch 92; SDCL §39-21-6; SL 1975, ch 253, §2; SL 1985, ch 302, §2; SL 2000, ch 200, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2005, ch 207, §2; SL 2005, ch 208, §3; SL 2006, ch 202, §2; SL 2016, ch 183, §9; SL 2020, ch 170, § 2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-7 - Examination and testing specifications and methods.

37-2-7. Examination and testing specifications and methods.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-8 - Analyses by qualified laboratory--Distillation test methods.

37-2-8. Analyses by qualified laboratory--Distillation test methods.
Any qualified laboratory may make an analysis as requested by the secretary. Distillation tests shall be made pursuant to the methods for the tests adopted by ASTM.
Source:
SDC 1939, §22.1506 (3); SDCL §39-21-8; SL 1974, ch 3, §15; SDCL Supp, §39-21-7.1; SL 1975, ch 253, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2005, ch 207, §3; SL 2006, ch 202, §4; SL 2016, ch 183, §11.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-9 - Thorough analysis not required--Rejection of product on finding of impurity or imperfection.

37-2-9. Thorough analysis not required--Rejection of product on finding of impurity or imperfection.
The inspector is not required to make a thorough analysis of all petroleum products to ascertain each form of impurity. However, if the inspector performs an analysis that demonstrates the requirements of this chapter are not met or that there exists an impurity or imperfection not specified in this chapter which renders a petroleum product unsuitable, the inspector may reject the petroleum product.
Source:
SDC 1939, §22.1501; SL 1939, ch 92; SDCL §39-21-11; SL 2016, ch 183, §12.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-10 - Substitution of spurious product for trade name product prohibited.

37-2-10. Substitution of spurious product for trade name product prohibited.
No person shall fill any order for a lubricating oil or gasoline designated by a trade-mark or distinctive trade name for an automobile or other internal combustion engine with a substitute oil or gasoline.
Source:
SDC 1939, §22.1601; SDCL, §39-21-19; SL 1977, ch 190, §432.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-11 - Display of signs and labels for product not sold at location prohibited--Decorative signs excepted.

37-2-11. Display of signs and labels for product not sold at location prohibited--Decorative signs excepted.
No person may display any sign, label, or other designating mark which describes any lubricating oil or gasoline for internal combustion engines not actually sold or offered for sale or delivered at the location at which the sign, label, or other designating mark is displayed. No person may display any label upon any container which label names or describes any lubricating oil or gasoline for internal combustion engines not actually contained in the container, but offered for sale or sold as such lubricating oil or gasoline. This section does not apply to any person utilizing a sign in a decorative manner. No place of business may use a decorative sign in a manner that misleads a consumer as to the products sold at that location.
Source:
SDC 1939, §22.1602; SDCL §39-21-20; SL 1977, ch 190, §433; SL 2016, ch 183, §13.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-12 - Sale of substandard gasoline or motor fuel prohibited.

37-2-12. Sale of substandard gasoline or motor fuel prohibited.
No person shall sell or keep and offer for sale any gasoline or other motor fuel which does not conform as to color and antiknock characteristics contained in the rules and regulations adopted under the authority of §37-2-7.
Source:
SDC 1939, §22.1512; SL 1951, ch 109; SL 1953, ch 95, §5; SDCL, §39-21-22; SL 1977, ch 190, §435.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-13 - Antiknock index for gasoline and gasoline blends to be posted.

37-2-13. Antiknock index for gasoline and gasoline blends to be posted.
Each retail dealer of gasoline or gasoline-oxygenate blends shall post the antiknock index in accordance with applicable regulations, contained in 16 CFR Part 306, issued pursuant to the Petroleum Marketing Act, as amended through January 1, 2009. The antiknock index (AKI) may not be less than the AKI posted on the product dispenser or as certified on the invoice, bill of lading, shipping paper, or other documentation.
Source:
SDC 1939, §22.1512; SL 1951, ch 109; SL 1953, ch 95, §5; SDCL §39-21-23; SL 2009, ch 195, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-15 - Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler.

37-2-15. Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler.
If any wholesale dealer in petroleum products subject to inspection under the terms of §§37-2-5 to 37-2-24, inclusive, shall sell or deliver to any retail dealer any such product, within this state, which upon the test prescribed by those sections does not meet the required standard, such wholesale dealer shall not have a cause of action against the retail dealer for the purchase price thereof, and in case the same has already been paid such purchase price may be recovered by the retail dealer, and in addition to the usual costs allowed in civil actions the plaintiff may recover an attorney fee of twenty-five dollars.
Source:
SDC 1939, §22.1515; SDCL, §39-21-24.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-16 - Violation as misdemeanor.

37-2-16. Violation as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-17 - Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier.

37-2-17. Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier.
No retail dealer shall be prosecuted under the provisions of §§37-2-5 to 37-2-24, inclusive, so far as they relate to the labeling and quality of any petroleum product if he can establish a guaranty, signed by the wholesaler, jobber, manufacturer, or other person from whom he purchased such product, to the effect that the product and the barrels, casks, or other containers in which the same was purchased and all brands, stencils, or other forms of labels on the same were in full compliance with the provisions of those sections as to tests, quality, and labeling, unless he shall have knowledge or notice of the falsity of such guaranty, and unless he shall, after receiving such product, efface or change in any manner the brands, stencils, or other labels of such barrels, casks, or other containers or shall dilute, mix, manipulate, or change in any manner such product, but the person making such guaranty shall be subject to the fines and penalties which otherwise would attach to such dealer. Such guaranty to afford protection shall contain the name and post-office address of the person making the sale of such products.
Source:
SDC 1939, §22.1518; SDCL, §39-21-26.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-18 - Acting as agent of another not a defense.

37-2-18. Acting as agent of another not a defense.
No person who shall commit or assist in committing any offense defined in §§37-2-5 to 37-2-24, inclusive, shall be exempt from conviction and punishment therefor for the reason that he acted as the agent, employee, or representative of another.
Source:
SDC 1939, §22.1506 (2); SDCL, §39-21-27.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-19 - Secretary of public safety as ex officio inspector--Trafficking in petroleum products prohibited.

37-2-19. Secretary of public safety as ex officio inspector--Trafficking in petroleum products prohibited.
The secretary of public safety shall be ex officio inspector of petroleum products. Neither the secretary nor any subordinate shall traffic directly or indirectly in any product subject to inspection under the provisions of this chapter.
Source:
SDC 1939, §22.1501; SL 1939, ch 92; SDCL, §39-21-28; SL 2003, ch 272 (Ex. Ord. 03-1), §§20, 121; SL 2005, ch 207, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-20 - Reinspection of products--Cancellation of approval or rejection if not in compliance.

37-2-20. Reinspection of products--Cancellation of approval or rejection if not in compliance.
The inspector may at any time, in his discretion, without fee, reinspect any of the petroleum products subject to inspection under §§37-2-5 to 37-2-24, inclusive, and if upon such reinspection, any of such petroleum products shall fail to meet the requirements set forth in those sections or shall not be properly labeled or marked in accordance with the provisions of those sections, the inspector shall cancel his approval of such product and in the case of illuminating oils shall reject the product and it shall thereafter be unlawful to sell or dispose of such product for illuminating purposes.
Source:
SDC 1939 §22.1501; SL 1939, ch 92; SDCL, §39-21-29.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › 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.

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.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-22 - Collection and analysis of samples--Publication of results.

37-2-22. Collection and analysis of samples--Publication of results.
The inspector shall have authority to collect samples of petroleum products including those used for lubrication, and shall have authority to inspect and analyze and submit same to trial tests and publish results of such investigation for the benefit of the public and users thereof.
Source:
SDC 1939, §22.1511; SDCL, §39-21-31; SL 1969, ch 91, §4.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-24 - Administrative expenses paid from tax and license collections--Allocations from collections.

37-2-24. Administrative expenses paid from tax and license collections--Allocations from collections.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-25 - Sale of certain petroleum products on other than gross volume basis unlawful.

37-2-25. Sale of certain petroleum products on other than gross volume basis unlawful.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-26 - Substantially disabled may buy attendant-dispensed gasoline at self-service price.

37-2-26. Substantially disabled may buy attendant-dispensed gasoline at self-service price.
A gasoline service station which offers both full service and self-service gasoline dispensing operations shall provide an attendant to dispense gasoline at the self-service price into vehicles bearing a handicapped license plate issued pursuant to §32-5-76. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1980, ch 261.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-29 - Listing different motor fuel prices for cash or credit--Violation as misdemeanor.

37-2-29. Listing different motor fuel prices for cash or credit--Violation as misdemeanor.
Any person advertising the sale of any motor fuel by means of any sign, placard, or billboard in which any product price is specified shall state on such sign, placard, or billboard whether such price is a cash price or credit price, if such person sells or offers to sell such motor fuel to the public at different prices for cash and credit. A violation of this section is a Class 2 misdemeanor and each day of violation constitutes a separate offense.
Source:
SL 1992, ch 275.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-30 - Labeling of any gasoline containing oxygenate.

37-2-30. Labeling of any gasoline containing oxygenate.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-31 - Declaration of oxygenate for labeling purposes.

37-2-31. Declaration of oxygenate for labeling purposes.
The distributor or supplier shall provide the retailer or distributor at the time of delivery of any gasoline, on an invoice, bill of lading, shipping paper, or other documentation a declaration of any oxygenate or combination of oxygenates present in a concentration of two percent or more by volume in the gasoline. This documentation is only for dispenser labeling purposes; any potential blender shall determine the total oxygen content of the gasoline before blending.
Source:
SL 1993, ch 298, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-33 - Sale of products containing or treated with ether prohibited--Exception--Construction.

37-2-33. Sale of products containing or treated with ether prohibited--Exception--Construction.
No person may sell, offer for sale, or store petroleum products containing or treated with methyl tertiary butyl ether. The provisions of this section do not apply if the presence of methyl tertiary butyl ether in a petroleum product is caused solely by incidental commingling of methyl tertiary butyl ether with the petroleum product during storage or transfer of the petroleum product and the concentration of methyl tertiary butyl ether in the petroleum product does not exceed one-half of one percent by volume. In no event may the provisions of this section be construed to permit the knowing or willful addition of methyl tertiary butyl ether to any petroleum product.
Source:
SL 2001, ch 211, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-34 - Definition of terms relating to sale of renewable motor fuels.

37-2-34. Definition of terms relating to sale of renewable motor fuels.
Terms used in §§37-2-35 to 37-2-38, inclusive, mean:
(1)"Franchise-related document," a franchise agreement, branded jobber contract, branded marketer agreement, and any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee or customer;
(2)"Renewable fuel," biodiesel, biodiesel blend, ethyl alcohol, and ethanol blend, all as defined in §10-47B-3, and any motor fuel made from a blend, in any ratio, of gasoline and the product commonly or commercially known as E-85 or an ethanol blend and the product commonly or commercially known as E-85.
Source:
SL 2008, ch 201, §1; SL 2011, ch 188, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-34.1 - Ethanol blender pump defined.

37-2-34.1. Ethanol blender pump defined.
The term, ethanol blender pump, refers to a mechanism provided by the retail dealer for the dispensing at retail of ethanol blend as defined in §10-47B-3 so that the end user may select the ratio of ethanol to gasoline to be dispensed. The pump shall be the type that:
(1)Dispenses at retail a blend of gasoline and ethanol in the ratio selected by the purchaser;
(2)Is manufactured to an industry standard and carries a warranty for compatibility with dispenser components and storage and piping systems;
(3)Has at least four hoses and dispenses the following:
(a)Either a blend of ten percent ethanol or the minimum blend percentage approved for all vehicles by the United States Environmental Protection Agency;
(b)A blend of at least fifteen percent ethanol; and
(c)E85 fuel; and
(4)Complies with all alternative fuel, biofuel, and flexible fuel requirements established by law.
Source:
SL 2010, ch 15, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-35 - Certain contract restrictions on the sale of renewable motor fuels prohibited.

37-2-35. Certain contract restrictions on the sale of renewable motor fuels prohibited.
No franchise-related document entered into or renewed on or after July 1, 2008 may contain any provision allowing a franchisor to restrict the franchisee or any affiliate of the franchisee from:
(1)Installing on the marketing premises of the franchisee a renewable fuel pump or tank, except that the franchisee's franchisor may restrict the installation of a tank on leased marketing premises of the franchisor;
(2)Converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use;
(3)Advertising the sale of any renewable fuel, including through the use of signage;
(4)Selling renewable fuel in any specified area on the marketing premises of the franchisee, including any area in which a name or logo of a franchisor or any other entity appears;
(5)Purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee;
(6)Listing renewable fuel availability or prices, including on service station signs, fuel dispensers, or light poles;
(7)Allowing for payment of renewable fuel with any form of payment available for any other type of fuel;
(8)Installing on the marketing premises of the franchisee an ethanol blender pump as defined in §37-2-34.1; or
(9)Using any pump to dispense a specified ethanol blend or range of blends, if the pump is approved by the authority having jurisdiction, as defined in §34-38-23, for dispensing the specified ethanol blend or range of blends.
Nothing in this section authorizes any activity that constitutes mislabeling, misbranding, willful adulteration, or other trademark violations by the franchisee.
Source:
SL 2008, ch 201, §2; SL 2011, ch 188, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-36 - Reasonable indemnification and insurance policies permitted.

37-2-36. Reasonable indemnification and insurance policies permitted.
Nothing in §§37-2-34 to 37-2-38, inclusive, precludes a franchisor from requiring the franchisee to obtain reasonable indemnification and insurance policies.
Source:
SL 2008, ch 201, §3.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-37 - Franchisee may not be prevented from selling renewable fuels in lieu of one grade of gasoline.

37-2-37. Franchisee may not be prevented from selling renewable fuels in lieu of one grade of gasoline.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-38 - Violation as misdemeanor.

37-2-38. Violation as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-39 - Labeling of motor fuel at retail fuel pump.

37-2-39. Labeling of motor fuel at retail fuel pump.
Each retail fuel pump shall identify conspicuously the type of fuel product, the particular grade of the fuel product, and the applicable automotive fuel rating of the fuel to be dispensed. Any 85 octane product shall be conspicuously identified with a decal that states: "May not be suitable for all engines. Refer to owner's manual before fueling."
Source:
SL 2013, ch 187, §1, eff. Mar. 6, 2013.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-40 - Documentation accompanying deliveries other than retail sale.

37-2-40. Documentation accompanying deliveries other than retail sale.
If gasoline, alcohol blended fuels, kerosene, diesel fuel, aviation gasoline, burner oil, or naphtha are sold, an invoice, bill of lading, shipping paper, or other documentation shall accompany each delivery other than a retail sale. This document shall identify the quantity, the name of the product, the particular grade of the product, the applicable automotive fuel rating, and oxygenate type and content (if applicable), the name and address of the seller and buyer, and the date and time of the sale. Documentation shall be retained at the retail establishment for a period of not less than one year.
Source:
SL 2013, ch 187, §2, eff. Mar. 6, 2013.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-41 - Refiners, importers, and producers--Federal requirements.

37-2-41. Refiners, importers, and producers--Federal requirements.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-42 - Distributors--Federal requirements.

37-2-42. Distributors--Federal requirements.
A licensed distributor of petroleum products, as defined by subdivision 37-2-5(10), shall comply with the certification and record-keeping provisions of 16 C.F.R. §§306.8 and 306.9 in effect on January 1, 2020.
Source:
SL 2013, ch 187, §4, eff. Mar. 6, 2013; SL 2020, ch 170, § 5.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-43 - Sales to consumers--Federal requirements.

37-2-43. Sales to consumers--Federal requirements.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-44 - Minimum octane rating grades of petroleum in certain counties.

37-2-44. Minimum octane rating grades of petroleum in certain counties.
In general conformity with ASTM D4814 and the adoption of NIST Handbook 130, 2020, in rules promulgated pursuant to this chapter, the minimum (R+M)/2 octane rating grades of petroleum products, as defined by subdivision 37-2-5(10) in the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, and Perkins shall be no less than the following:
(1)Regular, unleaded, regular unleaded 85;
(2)Midgrade, plus, or super unleaded 87, 88, 89, or 90; and
(3)Premium, supreme, high test unleaded 91.
Source:
SL 2013, ch 187, §6, eff. Mar. 6, 2013; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015; SL 2016, ch 183, §15; SL 2020, ch 170, § 7.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-45 - Minimum octane rating grades of petroleum in all other counties.

37-2-45. Minimum octane rating grades of petroleum in all other counties.
The minimum (R+M)/2 octane rating grades of petroleum products in all counties in the state other than those listed in §37-2-44 shall be no less than the following:
(1)Regular unleaded 87;
(2)Midgrade, plus, or super unleaded 89; and
(3)Premium, supreme, high test unleaded 91.
Source:
SL 2013, ch 187, §7, eff. Mar. 6, 2013.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 02 - Petroleum Products › Section 37-2-46 - Liability of retail dealer in petroleum products limited under certain conditions.

37-2-46. Liability of retail dealer in petroleum products limited under certain conditions.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 04 - Public Commodity Exchanges › Section 37-4-1 - Exchanges subject to chapter--Small-volume exchanges exempt.

37-4-1. Exchanges subject to chapter--Small-volume exchanges exempt.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 04 - Public Commodity Exchanges › Section 37-4-2 - Open membership required of exchanges--Cooperatives included.

37-4-2. Open membership required of exchanges--Cooperatives included.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 04 - Public Commodity Exchanges › Section 37-4-3 - Members to comply with rules, regulations, and bylaws--Fees and assessments.

37-4-3. Members to comply with rules, regulations, and bylaws--Fees and assessments.
All members of a public market subject to this chapter shall be required to comply with all reasonable rules, regulations, and bylaws of such organization, which may include the payment of a membership fee and reasonable assessments equally applicable to all members.
Source:
SDC 1939, §54.0802.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 04 - Public Commodity Exchanges › Section 37-4-4 - Exchange rules controlling distribution of member profits deemed unreasonable.

37-4-4. Exchange rules controlling distribution of member profits deemed unreasonable.
Any rule, regulation, or bylaw of a public market subject to this chapter which shall be designated or construed as controlling, limiting, or modifying the articles of incorporation, constitution, or bylaws of any association, company, or corporation in the distribution of its profits to its stockholders and members shall be deemed to be unreasonable.
Source:
SDC 1939, §54.0802.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 04 - Public Commodity Exchanges › Section 37-4-5 - Denial of membership by exchange as misdemeanor--Refusal to deal with member.

37-4-5. Denial of membership by exchange as misdemeanor--Refusal to deal with member.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 04A - Agricultural Contracts › Section 37-4A-1 - Definition of terms.

37-4A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Agricultural commodity," any material produced for use as food, feed, seed, or fiber and includes fiber crops, food crops, oilseeds, seeds, livestock, livestock products, poultry, poultry products, and other farm products. The term, agricultural commodity, does not include timber or trees;
(2)"Contractor," any person who, in the ordinary course of business, contracts with a producer to grow or raise agricultural commodities in this state; and
(3)"Producer," any person who produces or causes to be produced an agricultural commodity in a quantity beyond the person's own family use and is able to transfer title to another or who provides management, labor, machinery, facilities, or any other production input for the production of an agricultural commodity.
Source:
SL 1997, ch 277, §1.