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.
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.