37-21-14. Seizure and destruction of incorrect weights, measures and devices--Tagging for repairs--Confiscation on failure to repair.
The director of commercial inspection and licensing shall condemn and seize, and may destroy, incorrect weights, measures, or weighing or measuring devices which in the director's best judgment are not susceptible to satisfactory repair. If the weights, measures, or devices are incorrect, but may be repaired, the director shall mark or tag as either "condemned for repairs" or "rejected for repairs." The owners or users of any weights, measures, or devices marked or tagged "condemned for repairs" shall have the same repaired or corrected within sixty days. The owners or users may neither use nor dispose of the same in any way, nor remove or deface any such "condemned for repairs" tag or other mark or tag affixed by the director until the device has been placed in service by a registered service agency or agent. The owner or operator of any weights, measures, or devices tagged or marked "rejected for repair" may continue to use the device but shall have the device repaired or corrected within thirty days by a registered service agency or agent. Any weights, measures, or devices which have been "condemned for repairs," or "rejected for repairs" and have not been repaired as required above, shall be confiscated by the director.
Source: SDC 1939, §63.0105; SL 2004, ch 17, §253; SL 2006, ch 187, §13.
Structure South Dakota Codified Laws
Chapter 21 - Enforcement Of Weights And Measures Standards
Section 37-21-1 - Definitions.
Section 37-21-1.2 - General supervision by department.
Section 37-21-5 - Regulations for enforcement of standards.
Section 37-21-7 - Conforming weights, measures, and devices deemed correct.
Section 37-21-9 - Inspection and testing of weights, measures, and devices.
Section 37-21-9.1 - Fees for inspection and testing.
Section 37-21-10 - Investigation upon complaint.
Section 37-21-12 - Impersonation of secretary or department employee as misdemeanor.
Section 37-21-13 - Sealing and marking of weights, measures and devices found correct.
Section 37-21-15 - Inspection of packages or commodities offered for sale.
Section 37-21-16 - Access to premises and stopping of vendors or dealers for testing purposes.
Section 37-21-18 - Prohibited acts--Misdemeanor.
Section 37-21-21 - Assistance of law enforcement--Prosecution of violations.