South Dakota Codified Laws
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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 02 - Petroleum Products

Section 37-2-1 - Discrimination between localities in selling price as misdemeanor.

Section 37-2-2 - Price differential to meet competition permitted.

Section 37-2-3 - Difference in selling prices as prima facie evidence of violation.

Section 37-2-4 - Remedies cumulative.

Section 37-2-5 - Definitions.

Section 37-2-6 - Promulgation of rules.

Section 37-2-7 - Examination and testing specifications and methods.

Section 37-2-8 - Analyses by qualified laboratory--Distillation test methods.

Section 37-2-9 - Thorough analysis not required--Rejection of product on finding of impurity or imperfection.

Section 37-2-10 - Substitution of spurious product for trade name product prohibited.

Section 37-2-11 - Display of signs and labels for product not sold at location prohibited--Decorative signs excepted.

Section 37-2-12 - Sale of substandard gasoline or motor fuel prohibited.

Section 37-2-13 - Antiknock index for gasoline and gasoline blends to be posted.

Section 37-2-15 - Retailer not liable for purchase price of substandard product delivered--Recovery from wholesaler.

Section 37-2-16 - Violation as misdemeanor.

Section 37-2-17 - Reliance by retailer on guaranty provided by supplier--Knowledge of falsity--Liability of supplier.

Section 37-2-18 - Acting as agent of another not a defense.

Section 37-2-19 - Secretary of public safety as ex officio inspector--Trafficking in petroleum products prohibited.

Section 37-2-20 - Reinspection of products--Cancellation of approval or rejection if not in compliance.

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.

Section 37-2-22 - Collection and analysis of samples--Publication of results.

Section 37-2-24 - Administrative expenses paid from tax and license collections--Allocations from collections.

Section 37-2-25 - Sale of certain petroleum products on other than gross volume basis unlawful.

Section 37-2-26 - Substantially disabled may buy attendant-dispensed gasoline at self-service price.

Section 37-2-29 - Listing different motor fuel prices for cash or credit--Violation as misdemeanor.

Section 37-2-30 - Labeling of any gasoline containing oxygenate.

Section 37-2-31 - Declaration of oxygenate for labeling purposes.

Section 37-2-33 - Sale of products containing or treated with ether prohibited--Exception--Construction.

Section 37-2-34 - Definition of terms relating to sale of renewable motor fuels.

Section 37-2-34.1 - Ethanol blender pump defined.

Section 37-2-35 - Certain contract restrictions on the sale of renewable motor fuels prohibited.

Section 37-2-36 - Reasonable indemnification and insurance policies permitted.

Section 37-2-37 - Franchisee may not be prevented from selling renewable fuels in lieu of one grade of gasoline.

Section 37-2-38 - Violation as misdemeanor.

Section 37-2-39 - Labeling of motor fuel at retail fuel pump.

Section 37-2-40 - Documentation accompanying deliveries other than retail sale.

Section 37-2-41 - Refiners, importers, and producers--Federal requirements.

Section 37-2-42 - Distributors--Federal requirements.

Section 37-2-43 - Sales to consumers--Federal requirements.

Section 37-2-44 - Minimum octane rating grades of petroleum in certain counties.

Section 37-2-45 - Minimum octane rating grades of petroleum in all other counties.

Section 37-2-46 - Liability of retail dealer in petroleum products limited under certain conditions.