reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 16 - Pawnbrokers › Section 37-16-3 - Conduct of business without municipal license as misdemeanor.

37-16-3. Conduct of business without municipal license as misdemeanor.
Any person who carries on the business of a pawnbroker, except by authority of a license from a municipal corporation granted pursuant to §9-34-8 or from a county commission granted pursuant to §7-18-29, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1827; SL 1977, ch 190, §272; SL 1994, ch 64, §1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 16 - Pawnbrokers › Section 37-16-4 - Refusal to disclose purchaser and price of article sold as misdemeanor.

37-16-4. Refusal to disclose purchaser and price of article sold as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 16 - Pawnbrokers › Section 37-16-5 - Refusal to exhibit stolen goods as misdemeanor.

37-16-5. Refusal to exhibit stolen goods as misdemeanor.
Every pawnbroker and every junk dealer who, having received any goods which have been stolen, refuses to exhibit them upon demand during usual business hours to the owner of said goods or his agents authorized to demand an inspection thereof, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1828; SL 1977, ch 190, §274.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 17 - Sale Of Serially Numbered Appliances And Equipment › Section 37-17-1 - Sale after removal or alteration of serial number as misdemeanor or felony.

37-17-1. Sale after removal or alteration of serial number as misdemeanor or felony.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 17 - Sale Of Serially Numbered Appliances And Equipment › Section 37-17-2 - Manufacturer or importer permitted to renumber farm machinery or parts.

37-17-2. Manufacturer or importer permitted to renumber farm machinery or parts.
Nothing contained in this chapter shall be construed to prevent any manufacturer or importer, or his agents, other than dealers, from doing his own numbering on agricultural implements, farm tractors, or other type of farm machinery or equipment, or parts, removed or changed, and replacing the numbered parts.
Source:
SL 1951, ch 261; SDC Supp 1960, §54.1102; SL 1966, ch 156.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 17 - Sale Of Serially Numbered Appliances And Equipment › Section 37-17-3 - Farmers exempt when disposing of implements.

37-17-3. Farmers exempt when disposing of implements.
This chapter shall not apply to farmers who may want to dispose of agricultural implements either privately or at a public auction unless they are dealing in farm implements for profit.
Source:
SL 1951, ch 261; SDC Supp 1960, §54.1102; SL 1966, ch 156.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-1 - Definitions.

37-20-1. Definitions.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-1.1 - Federally supplied weights and measures adopted as state standards.

37-20-1.1. Federally supplied weights and measures adopted as state standards.
The weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and any new weights and measures received from the United States as standard weights and measures in addition thereto or in renewal thereof, and supplied by the state in conformity therewith and certified to by the National Institute of Standards and Technology, shall be the state reference standards of weights and measures.
Source:
SDC 1939, §63.0201; SL 2006, ch 187, §3; SDCL §37-20-1.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-2 - Preservation and safeguarding of state standards--Record of standards--Use to test duplicate standards.

37-20-2. Preservation and safeguarding of state standards--Record of standards--Use to test duplicate standards.
The secretary shall take charge of the standards adopted by this chapter as the reference standards of the state and take necessary precautions for the safekeeping of the standards. The standards shall be kept in a fireproof building controlled by the state from which the standards may not be removed except for repairs or calibrations. The secretary shall maintain the state reference standards in good order. The secretary shall keep a complete record of the standards, balances, and other apparatus belonging to the state. The state reference standards may only be used for testing any duplicate standards that may be required in the enforcement of chapters 37-20 to 37-22, inclusive.
Source:
SDC 1939, §63.0201; SL 1982, ch 278, §1; SL 1996, ch 320 (Ex. Ord. 96-1), §§19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2006, ch 187, §4; SL 2016, ch 183, §16.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-3 - Reference standards, working standards, and field standards.

37-20-3. Reference standards, working standards, and field standards.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-4 - Verification and sealing of working standards and field standards.

37-20-4. Verification and sealing of working standards and field standards.
The division shall verify working standards at least once each five years and the field standards at least once each year. The working standards shall be verified by direct comparison with state reference standards, and the field standards by comparison with the working standards. If found accurate by these tests, the field and working standards shall be sealed by stamping the letters "S. D." and the last two figures of the year on them with seals which the secretary of the Department of Public Safety has and keeps for that purpose.
Source:
SDC 1939, §63.0201; SL 1982, ch 278, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2006, ch 187, §6.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-5 - Working standards used to test weighing and measuring devices.

37-20-5. Working standards used to test weighing and measuring devices.
The working standards shall be used in making all comparisons of weights and measures and weighing and measuring devices submitted for testing in the department.
Source:
SDC 1939, §63.0201; SL 1982, ch 278, §4; SL 2004, ch 17, §243; SL 2006, ch 187, §7; SL 2016, ch 183, §18.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-31 - Marking false weight on container as misdemeanor.

37-20-31. Marking false weight on container as misdemeanor.
Every person who knowingly marks or stamps false or short weight, or false tare, on any cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §63.9907; SL 1977, ch 190, §285.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-32 - Placing foreign substance in package to increase weight as misdemeanor.

37-20-32. Placing foreign substance in package to increase weight as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-33 - Metric measures not prohibited.

37-20-33. Metric measures not prohibited.
Nothing in chapters 37-20 to 37-22, inclusive, shall prohibit the use of standard metric measures.
Source:
SDC 1939, §63.0201.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 20 - Standard Weights And Measures › Section 37-20-34 - Promulgation of rules.

37-20-34. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, for the enforcement of the provisions of chapter 37-20 in the following areas:
(1)Tolerances, specifications, and requirements for testing standards to be used in South Dakota; and
(2)Required compliance with standards issued by the National Institute of Standards and Technology in effect on January 1, 2020.
Source:
SL 2006, ch 187, §8; SL 2016, ch 183, §19; SL 2020, ch 170, § 8.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-1 - Definitions.

37-21-1. Definitions.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-1.2 - General supervision by department.

37-21-1.2. General supervision by department.
The department shall have and keep a general supervision of the weights, measures, and weighing or measuring devices offered for sale, sold, or in use in the state.
Source:
SDC 1939, §63.0102; SL 2004, ch 17, §244; SDCL §37-21-1; SL 2016, ch 183, §20.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-2 - Secretary as inspector and sealer--Enforcement of standards--Powers and duties of department personnel.

37-21-2. Secretary as inspector and sealer--Enforcement of standards--Powers and duties of department personnel.
The secretary is the ex officio inspector and sealer of weights and measures and shall enforce the provisions of chapters 37-20 and 37-21.
A deputy, assistant, or inspector appointed by the secretary has the same powers and duties provided to the secretary when acting in performance of duties assigned by the secretary under the provisions of this chapter.
Source:
SDC 1939, §63.0101; SL 1996, ch 320 (Ex. Ord. 96-1), §§19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2016, ch 183, §22.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-5 - Regulations for enforcement of standards.

37-21-5. Regulations for enforcement of standards.
The secretary of the Department of Public Safety may promulgate rules pursuant to chapter 1-26 for the enforcement of the provisions of chapters 37-20 and 37-21.
Source:
SL 2003, ch 272 (Ex. Ord. 03-1), §23.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-6 - Specifications and tolerances included in regulations--Purpose--Conformity with national code.

37-21-6. Specifications and tolerances included in regulations--Purpose--Conformity with national code.
Rules promulgated under the provisions of §37-21-5 may include specifications and tolerances for any weight, measure, or weighing or measuring device of the character of those specified in §37-21-9. The rules shall prohibit the use of any weight, measure, or weighing or measuring device which is not accurate, is of construction that it is not reasonably permanent in its adjustment, will not repeat its indications correctly, or facilitates the perpetration of fraud. The specifications and tolerances shall be in conformity with the code of specifications, tolerances, and regulations for commercial weighing and measuring devices issued and recommended by the National Institute of Standards and Technology of the United States Department of Commerce and in effect on January 1, 2020.
Source:
SDC 1939, §63.0101 as added by SL 1949, ch 438; SL 1992, ch 277, §1; SL 1999, ch 201, §1; SL 2005, ch 209, §1; SL 2016, ch 183, §23; SL 2020, ch 170, § 9.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-7 - Conforming weights, measures, and devices deemed correct.

37-21-7. Conforming weights, measures, and devices deemed correct.
For the purposes of this chapter any weight, measure, or weighing or measuring device shall be deemed to be correct when it conforms to all applicable requirements promulgated as specified in §§37-21-5 and 37-21-6, and other apparatus shall be deemed to be incorrect.
Source:
SDC 1939, §63.0101 as added by SL 1949, ch 438.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-9 - Inspection and testing of weights, measures, and devices.

37-21-9. Inspection and testing of weights, measures, and devices.
When not otherwise provided for by law, the secretary shall inspect, test, try, and ascertain that all weights, measures, and weighing and measuring devices kept, offered, or exposed for sale, sold or used or employed by any person in proving or ascertaining the size, quantity, extent, area, or measurement of quantities, things, produce, or articles of distribution or consumption purchased or offered or submitted for sale, hire, or award are correct.
Source:
SDC 1939, §63.0103; SL 2004, ch 17, §248; SL 2016, ch 183, §24.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-9.1 - Fees for inspection and testing.

37-21-9.1. Fees for inspection and testing.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-10 - Investigation upon complaint.

37-21-10. Investigation upon complaint.
If a complaint is made to the secretary that any false or incorrect scales, weights, or measures are being made use of by any person in the purchase or sale of merchandise or other commodities or in weighing any article or commodity, the piece price for which is determined by weight or measure, the secretary shall investigate the complaint as soon as possible. The secretary shall make such other inspections of the weights and measures as in the secretary's judgment are necessary or proper to be made, except where inspection is provided for by chapter 37-22 or 37-22A.
Source:
SDC 1939, §63.0106; SL 2004, ch 17, §250; SL 2016, ch 183, §26.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-12 - Impersonation of secretary or department employee as misdemeanor.

37-21-12. Impersonation of secretary or department employee as misdemeanor.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-13 - Sealing and marking of weights, measures and devices found correct.

37-21-13. Sealing and marking of weights, measures and devices found correct.
If the secretary compares weights, measures, or weighing or measuring devices and finds that they correspond with the state standards, the secretary shall seal or mark the weights, measures, or weighing or measuring devices with appropriate seals or marks.
Source:
SDC 1939, §63.0104; SL 2004, ch 17, §252; SL 2006, ch 187, §12; SL 2016, ch 183, §28.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-14 - Seizure and destruction of incorrect weights, measures and devices--Tagging for repairs--Confiscation on failure to repair.

37-21-14. Seizure and destruction of incorrect weights, measures and devices--Tagging for repairs--Confiscation on failure to repair.
The director of commercial inspection and licensing shall condemn and seize, and may destroy, incorrect weights, measures, or weighing or measuring devices which in the director's best judgment are not susceptible to satisfactory repair. If the weights, measures, or devices are incorrect, but may be repaired, the director shall mark or tag as either "condemned for repairs" or "rejected for repairs." The owners or users of any weights, measures, or devices marked or tagged "condemned for repairs" shall have the same repaired or corrected within sixty days. The owners or users may neither use nor dispose of the same in any way, nor remove or deface any such "condemned for repairs" tag or other mark or tag affixed by the director until the device has been placed in service by a registered service agency or agent. The owner or operator of any weights, measures, or devices tagged or marked "rejected for repair" may continue to use the device but shall have the device repaired or corrected within thirty days by a registered service agency or agent. Any weights, measures, or devices which have been "condemned for repairs," or "rejected for repairs" and have not been repaired as required above, shall be confiscated by the director.
Source:
SDC 1939, §63.0105; SL 2004, ch 17, §253; SL 2006, ch 187, §13.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-15 - Inspection of packages or commodities offered for sale.

37-21-15. Inspection of packages or commodities offered for sale.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-16 - Access to premises and stopping of vendors or dealers for testing purposes.

37-21-16. Access to premises and stopping of vendors or dealers for testing purposes.
The secretary may for the purposes mentioned in §37-21-15, and in the general performance of official duties, enter and go into or upon, without formal warrant, any stand, place, building, or premises, or stop any vendor or any dealer for the purpose of making proper tests.
Source:
SDC 1939, §63.0103; SL 2004, ch 17, §255; SL 2006, ch 187, §14; SL 2016, ch 183, §30.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-18 - Prohibited acts--Misdemeanor.

37-21-18. Prohibited acts--Misdemeanor.
Any person who:
(1)Offers or exposes for sale, sells, uses in buying or selling of any commodity or thing, or for hire or award, or retains in possession a false weight or measure or measuring or weighing device, or any weight or measure or weighing or measuring device that has not been sealed by the department within two years;
(2)Disposes of any condemned weight, measure, or weighing or measuring device contrary to law;
(3)Removes any tag placed by the department;
(4)Sells, offers, or exposes for sale less than the quantity the person represents;
(5)Takes or attempts to take more than the quantity the person represents, when as the buyer, the person furnished the weight, measure, or weighing or measuring device by means of which the amount of the commodity is determined;
(6)Keeps for the purpose of sale, offers or exposes for sale, or sells any commodity in a manner contrary to law;
(7)Violates any provision of chapters 37-20 to 37-22, inclusive, for which a specific penalty has not been provided; or
(8)Sells, offers to sell, uses, or has in possession for the purpose of selling or using any device or instrument to be used, or calculated to falsify any weight or measure;
is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §§63.9905, 63.9909; SDCL §37-21-19; SL 1977, ch 190, §289; SL 2001, ch 213, §1; SL 2004, ch 17, §256; SL 2016, ch 183, §31.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21 - Enforcement Of Weights And Measures Standards › Section 37-21-21 - Assistance of law enforcement--Prosecution of violations.

37-21-21. Assistance of law enforcement--Prosecution of violations.
The secretary and any deputy, assistant, or inspector may request the assistance of local law enforcement in the arrest of any violator of law in relation to weights and measures, enter a complaint before any court of competent jurisdiction, and seize and use as evidence, without formal warrant, any false or unsealed weight, measure, or weighing or measuring device or package or amount of commodities found to be used, retained, or offered or exposed for sale or sold in violation of law.
Source:
SDC 1939, §63.0101; SL 2004, ch 17, §258; SL 2006, ch 187, §16; SL 2016, ch 183, §32.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-1 - Definition of terms.

37-21A-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Department," the Department of Public Safety;
(2)"Placed in service report," a report submitted to the Office of Weights and Measures by a registered service agent or agency, certifying that the subject device meets the applicable state requirements and is legal for trade;
(3)"Registered service agency," any agency, firm, company, or corporation which, for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a weighing or measuring device, and which voluntarily registers itself as such with the secretary. Under agency registration, identification of individual servicemen may not be required;
(4)"Registered service agent," any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a weighing or measuring device, and who voluntarily registers as such with the secretary;
(5)"Secretary," the secretary of the Department of Public Safety.
Source:
SL 1973, ch 257, §1; SL 1996, ch 320 (Exec. Order 96-1), §§19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2013, ch 189, §1; SL 2016, ch 183, §33.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-2 - Application for registration to service weighing or measuring devices--Evidence of qualifications.

37-21A-2. Application for registration to service weighing or measuring devices--Evidence of qualifications.
Any person may apply for voluntary registration to service weighing or measuring devices on an application form supplied by the department. The applicant shall submit a form, duly signed and witnessed, certifying that the applicant is fully qualified to install, service, repair, or recondition the weighing and measuring devices. The applicant shall certify that the applicant has the necessary testing equipment and standards and knowledge of all appropriate weights and measures laws and regulations. An applicant also shall submit appropriate evidence or references demonstrating the qualifications of the applicant.
Source:
SL 1973, ch 257, §4; SL 2016, ch 183, §34.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-3 - Annual registration fees--Time of payment.

37-21A-3. Annual registration fees--Time of payment.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-4 - Issuance of certificate of registration--Assigned number--Duration of certificate.

37-21A-4. Issuance of certificate of registration--Assigned number--Duration of certificate.
Upon receipt and acceptance of a properly executed application form, the secretary shall issue to the applicant a certificate of registration, including an assigned registration number. The certificate of registration remains effective until either returned by the applicant or withdrawn by the secretary.
Source:
SL 1973, ch 257, §5; SL 2016, ch 183, §36.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-5 - Registrant's removal of tags and placement of devices in service before official examination.

37-21A-5. Registrant's removal of tags and placement of devices in service before official examination.
A bearer of a certificate of registration may:
(1)Remove an official rejection or condemnation tag or mark placed on a weighing or measuring device by the authority of the department;
(2)Place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected or condemned; and
(3)Place in service, until such time as an official examination can be made, a new or used weighing or measuring device.
Source:
SL 1973, ch 257, §6; SL 2004, ch 17, §260; SL 2006, ch 187, §18; SL 2016, ch 183, §37.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-6 - Forms for reporting devices placed in service by agency--Distribution of copies of report.

37-21A-6. Forms for reporting devices placed in service by agency--Distribution of copies of report.
The director shall furnish each registered service agent and registered service agency with a supply of report forms in hard copy or electronic form to be known as a placed in service report, which may be submitted as follows:
(1)To submit a form in hard copy, the form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a registered service agent or by a service agent representing a registered agency for each rejected or inoperative device restored to service and for each newly installed device placed in service. Within seven days after a device is restored to service, or placed in service, the original of the properly executed placed in service report, together with any official rejection tag removed from the device, shall be mailed to the Office of Weights and Measures. The duplicate copy of the report shall be handed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered service agent or agency; or
(2)To submit a form electronically, the form shall include the assigned registration number, and shall be signed by a registered service agent or by a service agent representing a registered agency for each rejected or inoperative device restored to service and for each newly installed device placed in service. Within seven days after a device is restored to service, or placed in service, the original of the properly executed placed in service report, together with any official rejection tag removed from the device, shall be e-mailed to the Office of Weights and Measures. The placed in service report shall also be e-mailed to the owner or operator of the device, and a copy of the report shall be retained by the registered service agent or agency. An electronic copy of the placed in service report may be submitted to the director, kept for record purposes, and provided to the device owner or operator in lieu of hard copies only if the owner or operator agrees.
Source:
SL 1973, ch 257, §7; SL 2006, ch 187, §19; SL 2013, ch 189, §2.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-7 - Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees.

37-21A-7. Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-8 - Denial, suspension, or revocation of certificate of registration.

37-21A-8. Denial, suspension, or revocation of certificate of registration.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-10 - Interstate agreements for reciprocal recognition of certification.

37-21A-10. Interstate agreements for reciprocal recognition of certification.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 21A - Service Agencies For Weighing And Measuring Devices › Section 37-21A-11 - Rules and regulations.

37-21A-11. Rules and regulations.
The secretary of the Department of Public Safety shall promulgate rules pursuant to chapter 1-26 in the following areas to enforce the provisions of this chapter:
(1)To establish the required equipment and standards registered service agencies must have in order to service and install weighing and measuring devices in South Dakota;
(2)To establish the process by which the division may deny, suspend, or revoke a service agency or agent's registration; and
(3)To establish requirements for service agent registration which may include creating or adopting a test which service agents must pass before registration will be granted.
Source:
SL 1973, ch 257, §11; SL 1986, ch 22, §10; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2006, ch 187, §23.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-1 - Scales under supervision of department and subject to inspection.

37-22-1. Scales under supervision of department and subject to inspection.
All track scales and all other scales in this state used by common carriers or by shippers for the purpose of weighing cars or freight offered for shipment in car lots and all scales and weighing devices in public warehouses and grain elevators and all stock scales at stockyards and all private, farm, and municipal scales used in weighing hay, grain, wood, coal, and like subjects of commerce are under the supervision and control of the department and are subject to inspection by the department. Farm scales may only be inspected at the request of the owner.
Source:
SDC 1939, §63.0301; SL 1949, ch 439; SL 2004, ch 17, §261; SL 2016, ch 183, §41.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-1.2 - Definitions.

37-22-1.2. Definitions.
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, §60.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-3 - Installation, inspection, testing, and correction of scales--Promulgation of rules.

37-22-3. Installation, inspection, testing, and correction of scales--Promulgation of rules.
The secretary shall promulgate rules, pursuant to chapter 1-26, for:
(1)The installation, testing, and maintenance of all heavy scales, including specifications in conformance with standards published by the National Institute for Standards and Technology in effect January 1, 2020;
(2)The frequency of inspection of heavy scales; and
(3)The schedule and procedure for the correction of any deficiencies.
Source:
SDC 1939, §63.0301; SL 1949, ch 439; SL 1986, ch 22, §13; SL 1992, ch 277, §4; SL 2004, ch 17, §263; SL 2006, ch 187, §24; SL 2016, ch 183, §43; SL 2020, ch 170, § 10.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-4 - Department jurisdiction exclusive.

37-22-4. Department jurisdiction exclusive.
The department has exclusive jurisdiction over the scales designated in §§37-22-1 and 37-22-3. The inspection of the scales may only be made by and under the direction of the department.
Source:
SDC 1939, §63.0301; SL 1949, ch 439; SL 2004, ch 17, §264; SL 2016, ch 183, §44.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-5 - Appointment of inspectors.

37-22-5. Appointment of inspectors.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-7 - Department facilities and equipment.

37-22-7. Department facilities and equipment.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-9 - Entry on premises and testing of scales.

37-22-9. Entry on premises and testing of scales.
The department or any agent, employee, or scale inspector of the department may at any time, without notice, enter any place maintaining a scale subject to the provisions of this chapter and test and seal all weighing scales and measures used in conducting the business.
Source:
SDC 1939, §63.0304; SL 2004, ch 17, §269; SL 2016, ch 183, §47.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-10 - Inspection and testing fees.

37-22-10. Inspection and testing fees.
The department shall charge and collect a fee for each inspection or testing of scales. The fee shall be paid upon demand of the department by the person owning or operating the scale inspected or tested. The schedule of fees is as follows:
(1)1,001 to 2,000 pounds capacity, inclusive, twenty-nine dollars;
(2)2,001 to 5,000 pounds capacity, inclusive, forty-eight dollars;
(3)5,001 to 40,000 pounds capacity, inclusive, eighty-two dollars;
(4)Over 40,000 pounds capacity, one hundred three dollars;
(5)All livestock scales, one hundred seventy-three dollars.
If a special or emergency inspection is requested, a charge, not to exceed the actual cost of the inspection, including costs for personnel, equipment, and mileage, shall be made and assessed against the requesting person or device owner.
It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and 34-39-3, 37-21-9.1, 37-21A-3, and 37-21A-7, through the General Appropriations Act.
Source:
SDC 1939, §63.0305; SL 1939, ch 296; SL 1949, ch 440; SL 1963, ch 457; SL 1969, ch 283; SL 1978, ch 279, §1; SL 1980, ch 267, §1; SL 1984, ch 29, §5; SL 1986, ch 22, §13A; SL 1992, ch 277, §6; SL 2002, ch 183, §3; SL 2004, ch 17, §270; SL 2007, ch 224, §2; SL 2016, ch 183, §48.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-12 - Hourly charges for requested testing outside regular route.

37-22-12. Hourly charges for requested testing outside regular route.
If a request is made by the owner to test a scale outside of the regular route or regular tour of inspection of any scale inspector and it is found necessary by the department to send and dispatch a scale inspector with the scale inspection truck and its scale testing equipment, a charge, based upon the number of hours it takes for the travel from the point of departure to the place where the scale inspection and testing is to be made and return to the point of departure, shall be made and assessed against the owner of the scale. The fee shall be charged and collected pursuant to the provisions of §37-22-10. The per hour charge shall be fixed and collected by the department.
Source:
SDC 1939, §63.0305 as added by SL 1963, ch 457; SL 1969, ch 283; SL 2004, ch 17, §271; SL 2016, ch 183, §49.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-13 - Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting, and use of scales.

37-22-13. Tagging of inaccurate scales--Removal of tag as misdemeanor--Repair, retesting, and use of scales.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-16 - Deposit of money collected.

37-22-16. Deposit of money collected.
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.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-17 - Prohibited acts--Misdemeanor.

37-22-17. Prohibited acts--Misdemeanor.
Except as otherwise provided in this chapter, any person:
(1)Neglecting to install a seal for the preservation of adjustment as required by this chapter, upon any scale under the jurisdiction of the department, after thirty days' notice so to do;
(2)Removing, defacing, or destroying any seal placed upon any scale by any agent, employee, or scale inspector of the department for the purpose of fixing or preserving the adjustment of the scale in order to ensure its accuracy;
(3)Removing, defacing, or destroying any seal, tag, card, notice, or other device placed upon any scale by any agent, employee, or scale inspector of the department for the purpose of indicating that the scale has been condemned, and may not be used;
(4)Using or permitting the use of any scale that has been tested and found to be incorrect, before it is again tested and found to be correct and the further use of the scale is authorized or consented to by the department;
(5)Preventing or attempting to prevent or in any way interfering with any agent, employee, or scale inspector of the department from entering the premises where a scale may be kept, or inspecting or testing a scale; or
(6)Neglecting to observe any rule or regulation of the department relating to a scale;
is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §63.9906; SL 1977, ch 190, §293; SL 2004, ch 17, §274; SL 2016, ch 183, §52.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22 - Scales Maintained By Carriers, Elevators And Stockyards › Section 37-22-18 - Variance from rules or specifications governing scale--Promulgation of rules.

37-22-18. Variance from rules or specifications governing scale--Promulgation of rules.
The secretary may grant a variance, upon request from a scale owner or operator, to any rules or specifications governing the scale except those specifying a tolerance or the value of a minimum division. The owner or operator shall demonstrate the variance is needed due to economic unfeasibility or impossibility of conformance with specifications. The variance shall be consistent with good commercial practices in South Dakota and, under normal circumstances, the weighing equipment shall remain accurate and reliable and the variance may not harm the owner, operator, or any customer. The secretary shall, pursuant to chapter 1-26, promulgate rules for the application process and criteria to be used in granting or rejecting a variance.
Source:
SL 2006, ch 187, §29; SL 2016, ch 183, §53.
2023 South Dakota Codified Laws › Title 37 - Trade Regulation › Chapter 22A - Vehicle Scales › Section 37-22A-1 - Definitions.

37-22A-1. Definitions.
Terms used in this chapter mean:
(1)"Department," the Department of Public Safety;
(2)"Secretary," the secretary of the Department of Public Safety.
Source:
SL 2016, ch 183, §61.