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. 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.
South Dakota Legal Code