South Dakota Codified Laws
Chapter 10 - Unfair Cigarette Sales
Section 37-10-26 - Promulgation of rules--Cost survey.

37-10-26. Promulgation of rules--Cost survey.
The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning:
(1)The minimum price of cigarettes;
(2)The extension of credit; and
(3)Retail delinquency.
The secretary of revenue may undertake a cost survey as provided in §37-10-12.

Source: SL 1966, ch 157, §14 (1); SL 1987, ch 82, §53; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 10 - Unfair Cigarette Sales

Section 37-10-1 - Definition of terms.

Section 37-10-2 - Sale at less than cost to prevent competition unlawful--Rebates and concessions not applicable to other merchandise.

Section 37-10-3 - Purchase by retailer at less than cost to wholesaler to prevent competition unlawful--Procuring rebate or concession.

Section 37-10-4 - Sales between wholesalers permitted at less than cost--Basic cost to be charged.

Section 37-10-5 - Computation of cost to retailer--Expenses included.

Section 37-10-6 - Presumption as to cost of doing business by retailer.

Section 37-10-7 - Wholesaler's costs added when retailer purchases from manufacturer.

Section 37-10-8 - Presumption as to cost of doing business by retailer purchasing from manufacturer.

Section 37-10-9 - Computation of cost to wholesaler--Expenses included.

Section 37-10-10 - Presumption as to cost of doing business by wholesaler--Cartage costs.

Section 37-10-11 - Purchases outside ordinary trade channels not considered in determining costs.

Section 37-10-12 - Cost survey as evidence of cost to retailer or wholesaler.

Section 37-10-13 - Tie-in sale at less than value of other goods deemed rebate or concession.

Section 37-10-14 - Application of minimum price provisions to combination sales, rebates and concessions.

Section 37-10-15 - Promotional merchandise not considered in determining cost.

Section 37-10-16 - Price reductions permitted to meet competition--Sales not in ordinary trade channels not considered.

Section 37-10-17 - Cost survey price considered competitive price.

Section 37-10-18 - Isolated transactions exempt from chapter.

Section 37-10-19 - Damaged merchandise sales exempt from chapter--Notice to customer.

Section 37-10-20 - Clearance sales exempt from chapter--Notice to customer.

Section 37-10-21 - Liquidation sales exempt from chapter.

Section 37-10-22 - Sales by officer acting under court order exempt from chapter.

Section 37-10-23 - Sale at less than cost or offer of rebate as evidence of intent to prevent competition.

Section 37-10-24 - Evidence of fictitious price or concealment of cost bearing on good faith--Evidence of trade usages.

Section 37-10-25 - Contracts in violation void--Recovery prohibited.

Section 37-10-26 - Promulgation of rules--Cost survey.

Section 37-10-27 - Duty to enforce chapter--Employment of personnel.

Section 37-10-28 - Powers vested in secretary available for enforcement of chapter.

Section 37-10-29 - Suspension or revocation of license under cigarette tax law.

Section 37-10-30 - Disciplinary proceedings not abated by expiration or renewal of license.

Section 37-10-31 - Procedure for suspension or revocation of license.

Section 37-10-32 - Periods of suspension of license--Revocation for persistent violations.

Section 37-10-33 - Appeal to courts from secretary of revenue.

Section 37-10-34 - Sales prohibited during suspension or revocation of license.

Section 37-10-35 - Reinstatement of revoked license.

Section 37-10-36 - Injunction proceedings to prevent violations of chapter.

Section 37-10-37 - Damages recovered in injunction proceeding.

Section 37-10-38 - Action for damages without injunction.

Section 37-10-39 - Severability of provisions--Severability from other laws.

Section 37-10-40 - Citation of chapter.