ARSD Article 20:01 — COMMERCIAL INSPECTION AND REGULATION

article-20-01ARSD Article 20:01Regulation

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PUBLIC SAFETY PUBLIC SAFETY

Chapter 20:01:01 Food, drugs, oils, and compounds

ARSD 20:01:01:01 Hamburger defined

Hamburger shall consist of chopped fresh beef, with or without the addition of beef fat and seasoning, and shall contain not more than 30 percent fat. If hearts are added, the product shall be labeled as "hamburger with heart added." The ratio of moisture to protein shall not exceed 3.5.

History

  • Source: SL 1975, ch 16, § 1; 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 39-1-1.1, 39-1-4.
  • Law Implemented: SDCL 39-4-2, 39-4-7, 39-4-13, 39-4-18.
ARSD 20:01:01:02 Ground beef, regular ground beef, and chopped beef defined

Ground beef, regular ground beef, and chopped beef shall consist of chopped fresh beef, with or without the addition of beef fat and seasoning, and shall contain not more than 30 percent fat. If hearts are added, the product shall be labeled as "ground beef with heart added." The ratio of moisture to protein shall not exceed 3.5.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 39-1-1.1, 39-1-4.
  • Law Implemented: SDCL 39-4-2, 39-4-7, 39-4-13, 39-4-18.
ARSD 20:01:01:03 Lean ground beef, lean regular ground beef, and lean chopped beef defined

Lean ground beef, lean regular ground beef, and lean chopped beef shall meet the same requirements as regular ground beef except that they shall not contain more than 20 percent fat.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 39-1-1.1, 39-1-4.
  • Law Implemented: SDCL 39-4-2, 39-4-7, 39-4-13, 39-4-18.
ARSD 20:01:01:04 Extra lean ground beef, extra lean regular ground beef, and extra lean chopped beef defined

Extra lean ground beef, extra lean regular ground beef, and extra lean chopped beef shall meet the same requirements as regular ground beef except that they shall not contain more than 15 percent fat.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 39-1-1.1, 39-1-4.
  • Law Implemented: SDCL 39-4-2, 39-4-7, 39-4-13, 39-4-18.
ARSD 20:01:01:05 Diet lean ground beef, diet lean regular ground beef, and diet lean chopped beef defined

Diet lean ground beef, diet lean regular ground beef, and diet lean chopped beef shall meet the same requirements as regular ground beef except that they shall not contain more than 10 percent fat.

History

  • Source: 16 SDR 84, effective November 9, 1989.
  • General Authority: SDCL 39-1-1.1, 39-1-4.
  • Law Implemented: SDCL 39-4-2, 39-4-7, 39-4-13, 39-4-18.

Chapter 20:01:02 Weights and measures

ARSD 20:01:02:01 Adoption of NIST Handbook 44

Except where in conflict with existing codified law or administrative rule, specifications, tolerances, and other technical requirements for weighing and measuring devices in South Dakota are those set forth in NIST Handbook 44, 2020.

Reference: NIST Handbook 44, 2020, National Institute of Standards and Technology, U.S. Department of Commerce, issued October 2019. Copies may be viewed or downloaded at no cost on the National Institute of Science and Technology website located at: https://www.nist.gov/pml/weights-and-measures/publications/nist-handbooks/other-nist-handbooks/other-nist-handbooks-2-2.

Note: The National Bureau of Standards was renamed the National Institute of Standards and Technology by Pub. L. No. 100-418, § 5111, 102 Stat. 1427 (1988).

History

  • Source: SL 1975, ch 16, § 1; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 18 SDR 198, effective June 4, 1992; 26 SDR 33, effective September 16, 1999; 35 SDR 48, effective September 10, 2008; 43 SDR 56, effective October 17, 2016; 48 SDR 18, effective August 30, 2021.
  • General Authority: SDCL 34-39-7, 37-20-34, 37-21-5, 37-21A-11, 37-22-3.
  • Law Implemented: SDCL 37-21-6, 37-22-1.
ARSD 20:01:02:02 Adoption of NIST Handbook 133

Standards for checking the net contents of packaged goods in South Dakota are those set forth in NIST Handbook 133, 2020.

Reference: NIST Handbook 133, 2020, issued November 2019, National Institute of Standards and Technology, U.S. Department of Commerce. Copies may be viewed or downloaded at no cost on the National Institute of Science and Technology website located at: https://www.nist.gov/pml/weights-and-measures/publications/nist-handbooks/other-nist-handbooks/other-nist-handbooks-2-0.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 18 SDR 198, effective June 4, 1992; 26 SDR 33, effective September 16, 1999; 35 SDR 48, effective September 10, 2008; 43 SDR 56, effective October 17, 2016; 48 SDR 18, effective August 30, 2021.
  • General Authority: SDCL 37-21-5, 39-1-4.
  • Law Implemented: SDCL 37-21-6, 37-21-15, 39-4-11.
ARSD 20:01:02:03 Adoption of NIST Handbook 130

Except where in conflict with existing codified law or administrative rule, South Dakota shall follow uniform laws and regulations as they appear in NIST Handbook 130, 2020, with the exception of sections IIIB, Uniform Weighmaster Law, and IVC, Uniform Unit Pricing Regulation.

Reference: NIST Handbook 130, 2020, National Institute of Standards and Technology, U.S. Department of Commerce, issued November 2019. Copies may be viewed or downloaded at no cost on the National Institute of Science and Technology website located at: https://www.nist.gov/pml/weights-and-measures/publications/nist-handbooks/other-nist-handbooks/other-nist-handbooks-2-1.

History

  • Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 18 SDR 198, effective June 4, 1992; 26 SDR 33, effective September 16, 1999; 35 SDR 48, effective September 10, 2008; 43 SDR 56, effective October 17, 2016; 48 SDR 18, effective August 30, 2021.
  • General Authority: SDCL 34-39-7, 37-20-34, 37-21-5, 37-22-3, 37-21A-11, 37-2-6.
  • Law Implemented: SDCL 37-2-6, 37-2-7, 37-20-34, 37-21-6, 37-22-3.

Chapter 20:01:03 Heavy scale requirements and fees

ARSD 20:01:03:01 Reinforced concrete defined

Reinforced concrete is Portland cement concrete poured to embed steel bars for greater strength.

History

  • Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-3.
ARSD 20:01:03:02 Preparation for inspection

A person requesting the inspection of a scale must prepare the scale for the inspector. The scale must be clean and areas where access is necessary must be cleared by the scale operator.

History

  • Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 98, effective January 29, 1998.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-1, 37-22-3.
ARSD 20:01:03:03 Scale pit requirements

The foundation and supports of a scale installed in a fixed position shall consist of reinforced concrete with steel angle iron copings around the inside top edge of pit walls.

Weight-indicating elements, such as weighbeams and dials, must be mounted on concrete.

A slab floor must be installed. The floor must be at least 12 inches thick with a minimum of grade 40 reinforcing rod running into all piers and side walls, installed according to the manufacturer's specifications. Side walls must be 12 inches thick and end walls must be 16 inches thick, must be mounted on a slab floor, and must have a minimum of grade 40 reinforcing rods installed according to the manufacturer's specifications. However, livestock scale end walls may be 12 inches thick. Piers must be level and to the correct elevation.

History

  • Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 24 SDR 98, effective January 29, 1998.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-1, 37-22-3.
ARSD 20:01:03:04 Concrete approach required

A vehicle scale must have a 15-foot-long reinforced concrete approach at each end in the same plane as the platform, except a livestock scale, which requires only one approach at the most accessible end of the scale. Approaches may be sloped up to 1/4 inch maximum per foot so that water will drain away from the scale.

History

  • Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 18 SDR 198, effective June 4, 1992; 24 SDR 98, effective January 29, 1998.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-1, 37-22-3.
ARSD 20:01:03:05 Clearance and drainage

Vehicle and livestock scales, except as provided in chapter 20:01:08, must have a four-foot minimum clearance measured from the bottom of the weighbridge I-beams to the top of the pit floor in order to get the footing below the frost line. Adequate drainage must be provided by installing a drain or sump in the pit floor near the scale pit entrance to keep water out of the pit.

Cross-Reference: Installation requirements for self-contained electronic and mechanical pitless scales, ch 20:01:08.

History

  • Source: SL 1975, ch 16, § 1; 8 SDR 44, effective October 27, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 24 SDR 98, effective January 29, 1998.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-1, 37-22-3.
ARSD 20:01:03:06 Repealed

Other specifications to be followed.** Repealed.

History

  • Source: SL 1975, ch 16, § 1; repealed, 11 SDR 50, effective January 1, 1985.
ARSD 20:01:03:07 Repealed

Heavy scale inspection fees.** Repealed.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective January 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 198, effective June 4, 1992; repealed, 35 SDR 48, effective September 10, 2008.
ARSD 20:01:03:08 Repealed.

20:01:03 :08. Heavy scale labor fee for special requests. Repealed.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective January 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 48, effective September 10, 2008; repealed, SL 2014, ch 219, § 11, effective July 1, 2014.

Chapter 20:01:04 Mobile homes, Repealed

ARSD 20:01:04 Repealed chapter

CHAPTER 20:01:04

MOBILE HOMES

(Repealed. 8 SDR 44, effective October 27, 1981)

Chapter 20:01:05 Retail inspection test fees

ARSD 20:01:05:01 Repealed

Retail scale inspection fees.** Repealed.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective January 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 198, effective June 4, 1992; repealed, 35 SDR 48, effective September 10, 2008.
ARSD 20:01:05:02 Repealed

Motor fuel delivery pump testing fees.** Repealed.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective January 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 35 SDR 48, effective September 10, 2008.
ARSD 20:01:05:03 Repealed

Refined fuel meter testing fees.** Repealed.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective January 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 198, effective June 4, 1992; repealed, 35 SDR 48, effective September 10, 2008.
ARSD 20:01:05:04 Repealed

Liquid petroleum gas meter testing fees.** Repealed.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective January 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 198, effective June 4, 1992; repealed, 35 SDR 48, effective September 10, 2008.
ARSD 20:01:05:05 Special request retail inspection testing fees

Testing fees for the inspection and testing of retail weighing and measuring devices by special request are $50 an hour plus 50 cents a mile.

History

  • Source: 11 SDR 50, effective January 1, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 48, effective September 10, 2008.
  • General Authority: SDCL 37-21-9.1.
  • Law Implemented: SDCL 34-39-3, 37-21-9.1.
ARSD 20:01:05:06 Repealed

Liquid petroleum gas safety inspection fees.** Repealed.

History

  • Source: 24 SDR 168, effective June 7, 1998; repealed, 35 SDR 48, effective September 10, 2008.

Chapter 20:01:06 Weights and measures service agencies

ARSD 20:01:06:01 Commercial weighing or measuring device defined

Terms defined in SDCL 37-21A-1 have the same meaning in this chapter. In addition, the term "commercial weighing or measuring device" includes any weight, weighing device, or measuring device commercially used in establishing the weight or measure of articles for distribution or consumption or of articles which are purchased, offered, or submitted for sale, hire, or award or which is used in computing any basic charge or payment for services rendered on the basis of weight or measure. The term also includes any accessory attached to or used in connection with a commercial weighing or measuring device when the accessory is so designed or installed that its operation affects, or may affect, the accuracy of the device.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:02 Weights required for testing up to 10,000 pounds capacity scales

A registered service agent shall have a minimum of 3,000 pounds of certified test weights to check a scale up to 10,000 pounds capacity. For smaller capacity scales such as counter scales, prepackaging scales, or gram scales, appropriate test weights such as a 31 pound test kit with a fractional ounce kit, decimal kit, or gram weight kit or combination thereof is required.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:03 Weights required for testing scales of 10,000 to 60,000 pounds capacity, inclusive

For scales with a capacity of 10,000 to 60,000 pounds, inclusive, a minimum of 10,000 pounds of certified test weight is required. For vehicle scales, 10,000 pounds of certified test weight with a gross weight of a test unit equaling or exceeding 20,000 pounds is required.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:03.01 Weights required for testing scales over 60,000 pounds capacity

For scales with a capacity in excess of 60,000 pounds, a minimum of 20,000 pounds of certified test weight is required. For vehicle scales, 20,000 pounds of test weight with a gross certified test weight of a test unit equaling or exceeding 30,000 pounds is required.

History

  • Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:04 Adequate test weights for minimum tolerances required

Adequate test weights shall be available to a service agency or service agent to determine the minimum tolerance value of any device capable of being placed into service by a registered service agent or agency.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:05 Standards for testing refined fuel pumps

For testing refined fuel pumps (gasoline, diesel, ethanol flex fuel, gasoline-alcohol blend) a service agency or service agent shall have a state approved or NIST traceable field test standard of a minimum of five gallons.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:06 Standards for testing refined fuel meters

For testing refined fuel meters, the service agent or agency shall have a state approved or NIST traceable field test standard of a minimum of 100 gallons.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:07 Standards for testing liquid petroleum gas meters

For testing liquid petroleum gas meters, a service agent or a service agency shall have a state approved or NIST traceable liquid petroleum gas prover of a minimum quantity of 25 gallons.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016; 48 SDR 18, effective August 30, 2021.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 through 37-21A-7.
ARSD 20:01:06:08 Sealing plier requirements

All scale, motor fuel, and liquefied petroleum gas service agents must have sealer pliers which indicate the year and the service agency's insignia.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:09 Zero tolerance requirement

All weighing and measuring equipment placed in service by a service agent or service agency shall be set as close to zero tolerance as possible.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.
ARSD 20:01:06:10 Lead and wire seal requirement

All weighing or measuring equipment placed into service by a service agency shall be sealed with a lead and wire seal or similar device so the equipment cannot be altered without first breaking the seal.

History

  • Source: 7 SDR 14, effective August 21, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-21A-11.
  • Law Implemented: SDCL 37-21A-2, 37-21A-5 to 37-21A-7.

Chapter 20:01:07 Standards laboratory

ARSD 20:01:07:01 Repealed

Hourly charge.** Repealed.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 35 SDR 48, effective September 10, 2008.
ARSD 20:01:07:02 Device design

No weight, measure, or device may be approved unless its specifications, tolerances, and technical requirements comply with NIST Handbook 44, 2020.

Reference: NIST Handbook 44, 2020, National Institute of Standards and Technology, U.S. Department of Commerce, issued October 2019. Copies may be viewed or downloaded at no cost on the National Institute of Science and Technology website located at: https://www.nist.gov/pml/weights-and-measures/publications/nist-handbooks/other-nist-handbooks/other-nist-handbooks-2-2.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 18 SDR 198, effective June 4, 1992; 35 SDR 48, effective September 10, 2008; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-20-2 through 37-20-4.
ARSD 20:01:07:03 Repealed

Tolerances for standards.** Repealed.

History

  • Source: 7 SDR 14, effective August 21, 1980; repealed, 11 SDR 50, effective October 14, 1984.
ARSD 20:01:07:04 Rejection of testing standards

Testing standards submitted for certification which are determined unadjustable and uncertifiable shall be rejected after testing by the state metrologist and after notice to the owner and the director of legal and regulatory services.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-20-2 to 37-20-4.
ARSD 20:01:07:05 Approval date required on measuring devices

20:01:07:05 Approval date required on measuring devices. All weights, weight sets, measures, or devices used by a service agent as weighing or measuring devices shall show their approval date and the jurisdiction issuing approval.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-20-2 to 37-20-4.
ARSD 20:01:07:06 Order of testing

All weights, measures, or devices shall be tested in the order they are received in the laboratory unless arrangements for testing have been made in advance.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-20-2 to 37-20-4.
ARSD 20:01:07:07 State not liable for damages to equipment

If equipment or standards are damaged in any way, the state of South Dakota and the department of public safety are not to be held responsible for the cost of repair or replacement.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-20-2 to 37-20-4.
ARSD 20:01:07:08 Devices to be cleaned before submission for testing

All weights, weight sets, measures, or devices shall be cleaned and ready to be calibrated before being submitted for testing to the state metrology laboratory.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-20-2 to 37-20-4.
ARSD 20:01:07:09 Payment for testing

Payment for testing is required upon completion, before releasing standards work. Checks shall be made payable to the department of public safety.

History

  • Source: 7 SDR 14, effective August 21, 1980; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-20-2 to 37-20-4.

Chapter 20:01:08 Installation requirements for self-contained electronic and mechanical pitless scales

ARSD 20:01:08:01 Foundation and support

The area of the foundation and support-bearing piers shall be matched to existing soil-bearing capabilities. Soil stabilized at the desired grade shall support at least 3,000 pounds per square foot at pier locations. The owner is responsible for design modification to suit the existing soil conditions.

History

  • Source: 8 SDR 44, effective October 27, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-3.
ARSD 20:01:08:02 Piers

Piers shall be of reinforced concrete poured to the depth of the frost line but not less than four feet. The location and size of the piers shall meet the manufacturer's design. All piers shall be connected by a reinforced solid concrete slab at least four inches thick. Piers shall support the combined loads of the weight of the scale, the weighbridge, and the maximum anticipated load of the scale. They shall distribute these loads evenly over the underlying ground so there is minimum settlement of the structure throughout. Anchor bolts shall be embedded in piers according to the manufacturer's design.

History

  • Source: 8 SDR 44, effective October 27, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 98, effective January 29, 1998.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-1, 37-22-3.
ARSD 20:01:08:02.01 Floating slab

In lieu of the pier structure required by § 20:01:08:02, a floating slab of concrete, a minimum of 12 inches thick and reinforced with two rows of five-eighths inch rebar on one-foot centers, may be installed. The owner is responsible for design modification to suit existing soil conditions.

History

  • Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 98, effective January 29, 1998.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-1, 37-22-3.
ARSD 20:01:08:03 Clearance

Accumulations of wind-blown debris, dirt, manure, ice, snow, and water may not impede any of the live elements of the scale, including weighbridge assembly.

History

  • Source: 8 SDR 44, effective October 27, 1981; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-3.
ARSD 20:01:08:04 Drainage

Grading around the perimeter of the scale shall divert surface water away from the scale.

History

  • Source: 8 SDR 44, effective October 27, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-3.
ARSD 20:01:08:05 Access for service

The scale mechanism shall be accessible for inspection and servicing.

History

  • Source: 8 SDR 44, effective October 27, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-3.
ARSD 20:01:08:06 Other specifications to be followed

NIST Handbook 44, 2020, must be followed for specifications and design requirements not provided in this chapter.

Reference: NIST Handbook 44, 2020, National Institute of Standards and Technology, issued October 2019. Copies may be viewed or downloaded at no cost on the National Institute of Science and Technology website located at: https://www.nist.gov/pml/weights-and-measures/publications/nist-handbooks/other-nist-handbooks/other-nist-handbooks-2-2.

History

  • Source: 8 SDR 44, effective October 27, 1981; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 18 SDR 198, effective June 4, 1992; 26 SDR 33, effective September 16, 1999; 43 SDR 56, effective October 17, 2016; 48 SDR 18, effective August 30, 2021.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-3.
ARSD 20:01:08:07 Exemptions

The rules of this chapter do not apply to portable scales for construction materials, provided they are not installed for more than six months.

History

  • Source: 8 SDR 44, effective October 27, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-3.
ARSD 20:01:08:08 Livestock scale installation

In addition to meeting all of the other requirements of this chapter, fully electronic and mechanical pitless livestock scales must be permanently installed with a crawl space between the weighbridge steel and the concrete slab of sufficient size to allow for cleaning and repairs. All weighing and load receiving elements should be fully housed to protect them from environmental factors.

History

  • Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 24 SDR 98, effective January 29, 1998.
  • General Authority: SDCL 37-22-3.
  • Law Implemented: SDCL 37-22-1, 37-22-3.
ARSD 20:01:08:09 Repealed

Livestock scale certification process.** Repealed.

History

  • Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 18 SDR 198, effective June 4, 1992; repealed, 24 SDR 98, effective January 29, 1998.
ARSD 20:01:08:10 Repealed

Livestock scale owner requirements.** Repealed.

History

  • Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 198, effective June 4, 1992; repealed, 24 SDR 98, effective January 29, 1998.

Chapter 20:01:09 Retail sale motor fuel pumps

ARSD 20:01:09:01 Display requirements

All motor fuel pumps used for retail sale shall display the following on the pump:

(1) The total price per gallon or liter, including all taxes;

(2) The total amount of the sale; and

(3) The total quantity delivered.

History

  • Source: 8 SDR 44, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-21-5, 37-21-6, 37-21-18.
ARSD 20:01:09:01.01 Repealed

Retail dispenser labeling.** Repealed.

History

  • Source: 39 SDR 51, effective October 2, 2012; repealed, 39 SDR 51, effective June 30, 2013.
ARSD 20:01:09:02 Conversion kits

Conversion kits designed to alter the pump register by use of decals or other devices must be approved by the division of legal and regulatory services. No conversion kits may be used after December 31, 1993, without written permission from the director of the division of legal and regulatory services.

History

  • Source: 8 SDR 44, effective July 1, 1982; 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; 18 SDR 198, effective June 4, 1992; 43 SDR 56, effective October 17, 2016.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-21-5, 37-21-6, 37-21-18.
ARSD 20:01:09:03 Price signs

All street, roadside, and other advertising signs that indicate price shall do so accurately in total price per gallon. The equivalent price per liter may also be shown on the advertising sign.

History

  • Source: 8 SDR 44, effective July 1, 1982; 11 SDR 50, effective October 14, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
  • General Authority: SDCL 37-21-5.
  • Law Implemented: SDCL 37-21-5, 37-21-6, 37-21-18.

Chapter 20:01:10 Motor vehicle fuel labeling requirements

ARSD 20:01:10:01 Repealed

Product labeling.** Repealed.

History

  • Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989; repealed, SL 2005, ch 208, § 2.
ARSD 20:01:10:02 Supplier requirements

Suppliers of oxygenated fuels to retail service stations or to other resellers shall provide to the retailer or other reseller an invoice or delivery ticket indicating to within one percentage point the specific content, by volume, of ethanol and methanol, calculated separately.

History

  • Source: 11 SDR 50, effective October 14, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 84, effective November 9, 1989.
  • General Authority: SDCL 37-2-6.
  • Law Implemented: SDCL 37-2-11, 37-2-20.
ARSD 20:01:10:03 Repealed

Documentation.** Repealed.

History

  • Source: 39 SDR 51, effective October 2, 2012; 43 SDR 56, effective October 17, 2016.
ARSD 20:01:10:04 Repealed

Duties of refiners, importers, and producers.** Repealed.

History

  • Source: 39 SDR 51, effective October 2. 2012; 43 SDR 56, effective October 17, 2016.
ARSD 20:01:10:05 Repealed

Duties of distributors.** Repealed.

History

  • Source: 39 SDR 51, effective October 2, 2012; 43 SDR 56, effective October 17, 2016.
ARSD 20:01:10:06 Repealed

Duties of retailers.** Repealed.

History

  • Source: 39 SDR 51, effective October 2, 2012; 43 SDR 56, effective October 17, 2016.

Chapter 20:01:12 Installation of manufactured homes

ARSD 20:01:12:01 Definitions

Terms used in this chapter mean:

(1) "Installer," the purchaser or the person, business, or entity that the manufactured home purchaser hires to install a tie-down system;

(2) "Manufactured homes," as defined in SDCL 34-34A-1.1;

(3) "Tie-down system," the devices used to secure a manufactured home to ground anchors for the purpose of resisting wind forces.

History

  • Source: 23 SDR 96, effective December 16, 1996.
  • General Authority: SDCL 34-34A-9.3, 34-34A-19.
  • Law Implemented: SDCL 34-34A-9.3.
ARSD 20:01:12:02 Standards of new manufactured homes

Standards for new manufactured homes.** All new manufactured homes must be installed in accordance with the manufacturer's installation instructions. The manufactured home installer must install a tie-down system in accordance with the manufacturer's installation instructions within 180 days after the date of delivery.

History

  • Source: 23 SDR 96, effective December 16, 1996.
  • General Authority: SDCL 34-34A-9.3, 34-34A-19.
  • Law Implemented: SDCL 34-34A-9.3.
ARSD 20:01:12:03 Standards for previously-owned manufactured homes constructed on or after June 15, 1976

All previously-owned manufactured homes constructed on or after June 15, 1976, which are moved into or relocated within the state must be installed in accordance with the manufacturer's installation instructions. The manufactured home installer must install a tie-down system in accordance with the manufacturer's installation instructions within 180 days after the date of delivery.

If no manufacturer's instructions are available, installation and anchoring must be in accordance with § 20:01:12:04.

History

  • Source: 23 SDR 96, effective December 16, 1996.
  • General Authority: SDCL 34-34A-9.3, 34-34A-19.
  • Law Implemented: SDCL 34-34A-9.3.
ARSD 20:01:12:04 Standards for manufactured homes constructed before June 15, 1996

Standards for manufactured homes constructed before June 15, 1976.** All manufactured homes constructed before June 15, 1976, which are installed or reinstalled in the state must be installed in accordance with the manufacturer's installation instructions, if available, or as set forth in Appendix A at the end of this chapter.

The manufactured home installer must install a tie-down system in accordance with the manufacturer's installation instructions within 180 days after the date of delivery.

If the manufacturer's installation instructions are not available, the tie-down system must be installed as follows:

(1) Tie-downs must connect the ground anchor and the main structural steel frame which runs lengthwise under the home;

(2) A minimum of two tie-downs for each side are required at each corner of the home; and

(3) The installer must leave a minimum of 1/8 inch play when tightening the strap to allow expansion and movement.

History

  • Source: 23 SDR 96, effective December 16, 1996.
  • General Authority: SDCL 34-34A-9.3, 34-34A-19.
  • Law Implemented: SDCL 34-34A-9.3.

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