South Dakota Codified Laws
Chapter 02 - Petroleum Products
Section 37-2-6 - Promulgation of rules.

37-2-6. Promulgation of rules.
The secretary may, pursuant to chapter 1-26, and in general conformity with ASTM and NIST standards in effect on January 1, 2020, promulgate rules:
(1)Establishing standards for the maximum volume percentages of ethanol, methanol, ether, and cosolvents in alcohol blended fuels;
(2)Establishing a program for and prescribing the methods to be used for the inspection and testing of alcohol blended fuels, petroleum products, biodiesel, and biodiesel blends;
(3)Requiring labeling of devices dispensing alcohol blended fuels, biodiesel, and biodiesel blends;
(4)Establishing standards setting the specifications and tolerance requirements for petroleum products, biodiesel, and biodiesel blends; and
(5)Regulating the filtering system to be used on devices dispensing alcohol blended fuels.

Source: SDC 1939, §22.1501; SL 1939, ch 92; SDCL §39-21-6; SL 1975, ch 253, §2; SL 1985, ch 302, §2; SL 2000, ch 200, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2005, ch 207, §2; SL 2005, ch 208, §3; SL 2006, ch 202, §2; SL 2016, ch 183, §9; SL 2020, ch 170, § 2.

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.