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, ยง1.
Structure South Dakota Codified Laws
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 37-2-6 - 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 37-2-10 - Substitution of spurious product for trade name product prohibited.
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 37-2-16 - Violation as misdemeanor.
Section 37-2-18 - Acting as agent of another not a defense.
Section 37-2-22 - Collection and analysis of samples--Publication of results.
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 37-2-34 - 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 37-2-38 - 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.