Code of 1939, Vol. 1, Title 4, Ch. 4.01-Department of Agriculture. Sec. 4.0104. Powers and duties. The Department of Agriculture shall have power: (2) To execute and enforce all laws within the jurisdiction of the Department including the inspection of foods, drugs, dairy products, oils, cider, vinegar, oleomargarine, butterine, and all other food products, and sanitation of premises used for the manufacture, preparation, storage, and sale of Punishment for misdemeanor when not otherwise prescribed Code of 1939, Vol. 1, Title 13, Ch. 13.42-False Advertising Unlawful acts; penalty கக 948 943 948 948 948 food and food products; cold storage warehouses, seeds, noxious weeds, commercial feeding stuffs, livestock remedies, commercial fertilizer, hotels and restaurants, lodging houses, weights and measures, including the inspection of all warehouse and public scales, including scales of fuel dealers and all merchants, and from time to time promulgate such rules and regulations and, with the advice of the State Chemist, adopt such standards of food products as are necessary and proper to enforce the provisions of this title [Secs. 4.0101-4.9911]; (3) To make, promulgate, amend, repeal, or add to, from time to time such rules and regulations for regulation and administration of any of the subjects within the jurisdiction of such Department, but only in cases where the making of such rules and regulations is specifically authorized by statute. [1925; last amended 1937.] Code of 1939, Vol. 3, Title 63, Ch. 63.01-Weights and Measures, State Sealer. Sec. 63.0101.1 Secretary of agriculture as sealer of weights and measures; deputies; power to arrest, etc.; reports. The Secretary of Agriculture is hereby made ex officio inspector and sealer of weights and measures and is hereby charged with the duty of carrying into force and effect the provisions of this title, [Secs. 63.0101-63.0704], except as provided in chapter 63.03. The deputies, assistants, and inspectors, appointed for the purpose or intrusted with such duties by the Secretary of Agriculture, shall have the same powers and duties as are provided for such Secretary when acting in performance of duties assigned to them by him under the provisions of this title. The Secretary of Agriculture, his deputy, assistants, and inspectors are hereby made special policemen, and are authorized and empowered to arrest any violator of the statutes in relation to weights and measures, to enter complaint before any court of competent jurisdiction, and to seize and use as evidence, without formal warrant, any false or unsealed weight, measure, or weighing or measuring device or package or amount of commodities found to be used, retained, or offered or exposed for sale or sold in violation of law. The Secretary of Agriculture jointly with the State Chemist shall have authority to make, and shall issue from time to time, regulations for the enforcement of the provisions of this title. Such regulations may include specifications and tolerances for all weights, measures and weighing and measuring devices of the character of those specified in Section 63.0103 of this title, which shall be designed to eliminate from use, without prejudice to apparatus which conforms as closely as practicable to the official standards, those which are not accurate, which are of such construction that they are not reasonably permanent in their adjustment or which will not repeat their indications correctly or which facilitate the perpetration of fraud. Such specifications and tolerances shall be in conformity with the code of specifications, tolerances and regulations for commercial weighing and measuring devices issued and recommended by the National Bureau of Standards of the United States Department of Commerce and in effect on the effective date of this Act. For the purposes of this Act any weight, measure, or weighing or measuring device shall be deemed to be correct when it conforms to 1 See Ch. 63.99, pages 935–937; penal provisions for violation of chapter. Sec. 63.0102. Supervision of weights and measures; state institution inspection; state university cooperation. Except as provided in chapter 63.03, the Secretary of Agriculture shall have and keep a general supervision of the weights, measures, and weighing or measuring devices offered for sale, sold, or in use in the state. He, or his assistants at his direction, shall at least once annually test all scales, weights, and measures used in checking the receipts and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the Legislature, and he shall report in writing his findings to the supervisory board and to the executive officer of the institution concerned, and, at the request of such board or executive officer, he shall appoint in writing one or more employees then in the actual service of the institution who shall act as special deputies for the purpose of checking the receipts or disbursements of supplies. It is hereby made the duty of the Department of Physics of the State University of South Dakota, upon request of the Secretary of Agriculture, to assist him or his assistants in all such matters as may require the facilities of the laboratory of that department or technical knowledge relating to physical measurements. [1919; last amended 1925.] Sec. 63.0103. Duty of inspection and testing; packaged commodities; right of entry; duty to prosecute. When not otherwise provided for by law the Secretary of Agriculture shall have the power, and it shall be his duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing and measuring devices kept, offered, or exposed for sale, sold or used or employed by any proprietor, agent, lessee, or employee in proving or ascertaining the size, quantity, extent, area, or measurement of quantities, things, produce, or articles of distribution or consumption purchased or offered or submitted by such person or persons for sale, hire, or award. He shall have the power to, and shall, from time to time, weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, sold, or in the process of delivery, in order to determine whether the same contain the amounts rep Code of 1939, Vol. 3, Title 63, Ch. 63.01-Weights and Measures, State Sealer-Continued. resented, and whether they be offered for sale or sold in a manner in accordance with law. He may for the purposes above mentioned, and in the general performance of his official duties, enter and go into or upon, without formal warrant, any stand, place, building, or premises, or stop any vender, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer whatsoever, and require him, if necessary, to proceed to some place which the Secretary of Agriculture may specify, for the purpose of making proper tests. Whenever the Secretary of Agriculture finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. [1919; last amended 1925.] Sec. 63.0104. Sealing after inspection. Whenever the Secretary of Agriculture compares weights, measures, or weighing or measuring devices. and finds that they correspond or causes them to correspond with the standards in his possession, or subject to his use, he shall seal or mark such weights, measures, or weighing or measuring devices with appropriate seals or marks. [1919; last amended 1925.] Sec. 63.0105. Faulty devices: Condemnation for repairs or confiscation. The Secretary of Agriculture shall condemn and seize and may destroy incorrect weights, measures, or weighing or measuring devices which in his best judgment are not susceptible to satisfactory repair; but such as are incorrect and yet may be repaired, he shall mark or tag as "Condemned for repairs.” The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made shall have the same repaired or corrected within sixty days, and they 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 Secretary of Agriculture until they shall have received from the Secretary of Agriculture written permission to do so. Any weights, measures, or weighing or measuring devices which have been "Condemned for repairs", and have not been repaired as required above, shall be confiscated by the Secretary of Agriculture. [1919; last amended 1925.] Sec. 63.0106. Inspection upon complaint. Whenever complaint shall be made to the Secretary of Agriculture that any false or incorrect scales, weights, or measures are being made use of by any person, firm, or corporation in the purchase or sale of merchandise or other commodities or in weighing any article or commodity, the piece price for which is determined by weight or measure, it shall be his duty to cause the same to be inspected as soon as the duties of his office will permit, and he shall make such other inspections of the weights and measures as in his judgment is necessary or proper to be made, except where inspection is provided for by chapter 63.03. [1919; last amended 1925.] Sec. 63.0107. Prosecution. The state's attorney of each county in the state is hereby authorized and required upon complaint on oath of the Secretary of Agriculture or other person to prosecute before any court of competent jurisdiction in the name of the state of South Dakota proper action or proceeding against any person or persons violating the provisions of this title [Secs. 63.0101-63.0704]. [1919; last amended 1925.] Code of 1939, Vol. 3, Title 63, Ch. 63.02—Weights and Measures, State Chemist. Sec. 63.0201. State standards; custody; testing and sealing of office and working standards. The weights and measures received from the United States under a Resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the state in conformity therewith and certified to by the National Bureau of Standards, shall be the state standards of weights and measures. Nothing in this title [Secs. 63.0101-63.0704] shall prohibit the use of standard metric measures. The State Chemist shall take charge of the standards adopted by this title as the standards of the state, and cause them to be kept in a fireproof building belonging to the state and from which they shall not be removed except for repairs or for certification, and he shall take all other necessary precautions for their safe-keeping. He shall maintain the state standards in good order and shall submit them at least once in ten years to the National Bureau of Standards for certification. He shall keep a complete record of the standards. balances, and other apparatus belonging to the state, and take receipt for same from his successor in office. Such standards shall be used only for testing any duplicate standards that may be required in the enforcement of this title. In addition to the state standards of weights and measures provided for by law, there shall be sup plied by the state at least one complete set of duplicate standards, to be kept at all times in the office of the State Chemist and to be known as the office standards; and such other weights, measures, and apparatus as may be found necessary to carry out the provisions of this title, to be known as working standards. Such weights, measures, and apparatus shall be verified by the State Chemist or his assistants at his direction, upon their initial receipt and at least once in each year thereafter, the office standards by direct comparison with the state standards, the working standards by comparison with the office standards. When found accurate upon these tests the office and working standards shall be sealed by stamping on them the letters "S. D." and the last two figures of the year with seals which the State Chemist shall have and keep for that purpose. The office standards shall be used in making all comparisons of weights and measures and weighing and measuring devices submitted for test in the office of the Secretary of Agriculture or State Chemist. [1919; last amended 1925.] Sec. 63.0202. State chemist to act as technical adviser. The State Chemist shall act as technical adviser and assistant on all matters relating to the state standards of weight and measure, inspections, examinations, comparisons, and related subjects for the Secretary of Agriculture, his deputy, assistants, and inspectors, and whenever called upon to do so by the Public Utilities Commission. The equipment and facilities of the State Chemical Laboratory shall be available at all times for all such comparisons, inspections, analyses, and technical services as may be necessary for assistance of the officers and agents of the state vested with duties of inspection and enforcement of the statutes relating to weights and measures. [1939] Code of 1939, Vol. 3, Title 63, Ch. 63.03-Weights and Measures, Public Utilities Commission. Sec. 63.0301. Heavy scale and weight supervision; rules and regulations; jurisdiction. All track scales and all other scales in this state used by common carriers or by shippers for the purpose of weighing cars or freight offered for shipment in car lots and all scales and weighing devices in public warehouses and grain elevators and all stock scales at stockyards and all private, farm, and town and city scales used in weighing hay, grain, wood, coal, and like subjects of commerce shall be under the supervision and control of the Public Utilties Commission and be subject to inspection by it. Farm scales shall be inspected only at the request of the owner. The Public Utilities Commission shall have authority and it shall be its duty to prescribe and enforce reasonable rules and regulations for the weighing of cars of freight offered for shipment in carload lots and livestock at stockyards scales, and of hay, grain, wood, coal, and like subjects of commerce in this state. The commission shall also make and publish reasonable rules and regulations for the installation, including specifications therefor, inspection, testing, and repairing of such scales under its jurisdiction as to it may seem necessary and desirable and not inconsistent with the laws of this state, specifying among other things the extent and nature of such scale repairs or correc tions as will in its judgment be practicable for its inspectors to make. The jurisdiction of the Public Utilities Commission over the scales hereinbefore designated shall be exclusive and such inspection shall be made only by and under the direction of the Public Utilities Commission. [1937; last amended 1949.] Sec. 63.0302. Inspectors. The Public Utilities Commission of this state is hereby authorized and empowered to appoint suitable and competent inspectors to aid the said Commission in making such inspections and repairs, such appointments to be made for such time as the Commission shall designate. Each person so appointed shall qualify by taking an oath of office and giving a bond to the state in the sum of one thousand dollars conditioned for the faithful performance of his duties. He shall receive a salary to be fixed by the commission and his necessary traveling expenses during the period of his employment, necessarily and actually incurred in the performance of his duties, the said salary and expenses to be paid upon vouchers itemized and accompanied by receipts as provided by law, to be approved by the Public Utilities Commission. Such inspectors shall report to the Public Utilities Commission at such time or times and in such manner as the said Commission may require. [1937; last amended 1945.] Sec. 63.0303. Public utilities commission may acquire standards. The Public Utilities Commission is authorized to provide itself with such standard weights and measures and such additional facilities and equipment including motor vehicles or other means of conveyance as in the judgment of the Commission may be necessary and suitable in carrying on the work of inspecting, testing, repairing, and correcting scales and performing generally the duties entailed upon it by this chapter [Secs. 63.0301-63.0305]. [1937] Sec. 63.0304.1 Inspection; sealing; condemning; right of entry. The Commission or any one or more members thereof or any agent, employee, or scale inspector of the Commission may at any time, without notice, enter any place maintaining a scale subject to the provisions of this chapter and test and seal all weighing scales and measures used in conducting such business. If the person making such inspection shall find any scales in use in such place inaccurate, he shall condemn the same and attach thereto a card, notice, or other device, indicating that the scales are condemned. It shall thereafter be unlawful for any person to remove, deface, or destroy such card, notice, or other device placed upon condemned scales, or to use again, or permit the use of such scales for any purpose, until the Code of 1939, Vol. 3, Title 63, Ch. 63.03-Weights and Measures, Public Utilities Commission-Continued. same shall have been repaired, retested, and found to be correct, and until the Public Utilities Commission, or the person making the inspection, shall consent to the further use of such scales. If such scales are found to be incorrect and are condemned, upon the request of the owner of such scales or the person in charge of the same, it shall be the duty of the scale inspector or other person inspecting the same, with such competent assistance to be furnished by the owner of such scales or the person in charge of the same as may, in the judg ment of said inspector or other person inspecting such scales, be necessary, to repair the same immediately. If the securing of necessary parts for the repair of such scales will occasion delay, such inspector or person inspecting the same shall perform the work of making such repairs with assistance to be furnished as aforesaid, as promptly as possible. The owner or person in charge of the scale being repaired shall furnish all materials needed in making the repairs. Whenever directed so to do by the Commission, any common carrier or shipper or other person owning or operating a scale under the jurisdiction of the Public Utilities Commission, shall equip such scale with any sealing device considered by the Commission to be a proper and safe device to be used in sealing of scales. [1937] 1 See Sec. 63.9906, page 936; penal provisions. Sec. 63.0305. Fees for testing; charges for repair work. The Public Utilities Commission shall charge and collect the fee hereinafter set forth for each inspection or testing of scales, which fee shall be paid upon demand of the Commission or its agent by the person, firm, or corporation owning or operating the scale inspected or tested. Such schedule of fees is hereby fixed as follows: to the fee fixed in the foregoing schedule, based upon the number of man-hours of labor required for putting the scale in serviceable condition. The wage per hour shall be fixed by the Commission. Such charge shall be collected and paid as herein prescribed for scheduled rates. All fees, repair charges, and funds of any kind collected under the provisions of this chapter shall be by the Public Utilities Commission deposited with the State Treasurer and by him credited to the General Fund. [1937; last amended 1949.] Code of 1939, Vol. 3, Title 63, Ch. 63.04-Weights and Measures, Definitions and Application. Sec. 63.0401. Meaning of net weight construed. All contracts, sales, purchases, or other transaction having for its purpose the exchange of commodites or work to be done by weight or measure shall be taken and construed according to the standard of weights and measures hereby adopted as the standard of this state, and it shall be unlawful to make contracts, sales, or purchases, or engage in any such transaction contrary to the provisions of this title [Secs. 63.0101-63.0704]. Whenever any commodity is sold on the basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity, and ali contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this chapter [Secs. 63.0401-63.0402], it shall be understood and construed to mean the net weight of the commodity. [1919] Sec. 63.0402. Definitions. Terms used in this part [Sec. 63.0401-63.0704], relating to methods of weight and measure, are defined and applied as follows, unless the context otherwise plainly requires: (1) "Person" shall be construed to import both the plural and singular, as the case demands, and shall include corporations, companies, societies, and associations; (2) "Weights", "measures", "weighing devices”, and "measuring devices" shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and acces sories connected with any or all such instruments. (3) "Sell" or "sale" shall be construed to include barter or exchange. [1919] Code of 1939, Vol. 3, Title 63, Ch. 63.05-Weights and Measures, General Units. Sec. 63.0501. Standards of weights and measures; units of length and surface. The units or standard measures of length and surface from which all other measures of extension, whether lineal, superficial, or solid, shall be derived |