37-21-18. Prohibited acts--Misdemeanor.
Any person who:
(1)Offers or exposes for sale, sells, uses in buying or selling of any commodity or thing, or for hire or award, or retains in possession a false weight or measure or measuring or weighing device, or any weight or measure or weighing or measuring device that has not been sealed by the department within two years;
(2)Disposes of any condemned weight, measure, or weighing or measuring device contrary to law;
(3)Removes any tag placed by the department;
(4)Sells, offers, or exposes for sale less than the quantity the person represents;
(5)Takes or attempts to take more than the quantity the person represents, when as the buyer, the person furnished the weight, measure, or weighing or measuring device by means of which the amount of the commodity is determined;
(6)Keeps for the purpose of sale, offers or exposes for sale, or sells any commodity in a manner contrary to law;
(7)Violates any provision of chapters 37-20 to 37-22, inclusive, for which a specific penalty has not been provided; or
(8)Sells, offers to sell, uses, or has in possession for the purpose of selling or using any device or instrument to be used, or calculated to falsify any weight or measure;
is guilty of a Class 2 misdemeanor.
Source: SDC 1939, §§63.9905, 63.9909; SDCL §37-21-19; SL 1977, ch 190, §289; SL 2001, ch 213, §1; SL 2004, ch 17, §256; SL 2016, ch 183, §31.
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.