CHAPTER 37-20
STANDARD WEIGHTS AND MEASURES
37-20-1 Definitions.
37-20-1.1 Federally supplied weights and measures adopted as state standards.
37-20-2 Preservation and safeguarding of state standards--Record of standards--Use to test duplicate standards.
37-20-3 Reference standards, working standards, and field standards.
37-20-4 Verification and sealing of working standards and field standards.
37-20-5 Working standards used to test weighing and measuring devices.
37-20-6 37-20-6 to 37-20-30. Repealed by SL 1977, ch 190, § 279
37-20-31 Marking false weight on container as misdemeanor.
37-20-32 Placing foreign substance in package to increase weight as misdemeanor.
37-20-33 Metric measures not prohibited.
37-20-34 Promulgation of rules.
37-20-1. Definitions.
Terms used in this chapter mean:
(1) "Department," the Department of Public Safety;
(2) "Secretary," the secretary of the Department of Public Safety.
Source: SL 2016, ch 183, § 58.
37-20-1.1. Federally supplied weights and measures adopted as state standards.
The weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and any new weights and measures received from the United States as standard weights and measures in addition thereto or in renewal thereof, and supplied by the state in conformity therewith and certified to by the National Institute of Standards and Technology, shall be the state reference standards of weights and measures.
Source: SDC 1939, § 63.0201; SL 2006, ch 187, § 3; SDCL § 37-20-1.
37-20-2. Preservation and safeguarding of state standards--Record of standards--Use to test duplicate standards.
The secretary shall take charge of the standards adopted by this chapter as the reference standards of the state and take necessary precautions for the safekeeping of the standards. The standards shall be kept in a fireproof building controlled by the state from which the standards may not be removed except for repairs or calibrations. The secretary shall maintain the state reference standards in good order. The secretary shall keep a complete record of the standards, balances, and other apparatus belonging to the state. The state reference standards may only be used for testing any duplicate standards that may be required in the enforcement of chapters 37-20 to 37-22, inclusive.
Source: SDC 1939, § 63.0201; SL 1982, ch 278, § 1; SL 1996, ch 320 (Ex. Ord. 96-1), §§ 19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2006, ch 187, § 4; SL 2016, ch 183, § 16.
37-20-3. Reference standards, working standards, and field standards.
In addition to the state reference standards of weights and measures provided for by law, the state shall supply at least one complete set of duplicate standards which shall be kept at all times in the department. The duplicate standards shall be known as the working standards. The other weights, measures, and apparatus which are necessary to carry out the provisions of chapters 37-20 to 37-22, inclusive, shall be known as field standards.
Source: SDC 1939, § 63.0201; SL 1982, ch 278, § 2; SL 2004, ch 17, § 242; SL 2006, ch 187, § 5; SL 2016, ch 183, § 17.
37-20-4. Verification and sealing of working standards and field standards.
The division shall verify working standards at least once each five years and the field standards at least once each year. The working standards shall be verified by direct comparison with state reference standards, and the field standards by comparison with the working standards. If found accurate by these tests, the field and working standards shall be sealed by stamping the letters "S. D." and the last two figures of the year on them with seals which the secretary of the Department of Public Safety has and keeps for that purpose.
Source: SDC 1939, § 63.0201; SL 1982, ch 278, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2006, ch 187, § 6.
37-20-5. Working standards used to test weighing and measuring devices.
The working standards shall be used in making all comparisons of weights and measures and weighing and measuring devices submitted for testing in the department.
Source: SDC 1939, § 63.0201; SL 1982, ch 278, § 4; SL 2004, ch 17, § 243; SL 2006, ch 187, § 7; SL 2016, ch 183, § 18.
37-20-31. Marking false weight on container as misdemeanor.
Every person who knowingly marks or stamps false or short weight, or false tare, on any cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 63.9907; SL 1977, ch 190, § 285.
37-20-32. Placing foreign substance in package to increase weight as misdemeanor.
Every person who, in putting up in any bag, bale, box, barrel, or other package any hops, cotton, hay, or other goods usually sold in bags, bales, boxes, barrels, or packages, by weight, puts in or conceals therein anything whatever for the purpose of increasing the weight of such bag, bale, box, barrel, or package, is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 63.9908; SL 1977, ch 190, § 286.
37-20-33. Metric measures not prohibited.
Nothing in chapters 37-20 to 37-22, inclusive, shall prohibit the use of standard metric measures.
Source: SDC 1939, § 63.0201.
37-20-34. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, for the enforcement of the provisions of chapter 37-20 in the following areas:
(1) Tolerances, specifications, and requirements for testing standards to be used in South Dakota; and
(2) Required compliance with standards issued by the National Institute of Standards and Technology in effect on January 1, 2020.
Source: SL 2006, ch 187, § 8; SL 2016, ch 183, § 19; SL 2020, ch 170, § 8.
