conviction thereof shall be punished by a fine of not less than one hundred dollars or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment. [1917] Sec. 22.9905. Penalty for violation of Sec. 22.0407. Whoever shall violate the provisions of section 22.0407 shall be punished by a fine not exceeding fifty dollars for the first offense and not exceeding one hundred dollars for each subsequent offense, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment. [1917] Sec. 22.9910. Penalty for violation of Sec. 22.0515. Whoever shall violate any provisions of section 22.0515 shall be guilty of a misdemeanor, and upon conviction thereof before a court having jurisdiction in such cases, shall be fined for each and every offense in a sum not less than twenty-five or more than one hundred dollars, and shall stand committed until such fine and costs are paid. [1909; last amended 1925.] Sec. 22.9912. Penalty for violation of chapter 22.06. Any person, firm, association, or corporation, or the members, officers, or employees of any firm, association, or corporation, who shall violate any of the provisions of chapter 22.06 relating to frozen desserts, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars or more than one hundred dollars and the costs of prosecution, or by imprisonment in the county jail for a period of not more than thirty days, or by both such fine and imprisonment for each such offense, in the discretion of the court. [1937] Sec. 22.9914. Penalty for violation of chapter 22.07. Any person who shall violate any provision of chapter 22.07 regulating the handling of flour and bread, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars for each offense, and each separate sale and each separate day of continuation of any practice prohibited by said chapter shall constitute a separate and distinct offense after the first conviction of any violation of said chapter. [1937] Sec. 22.9917. Penalty for violation of chapter 22.10. Any person, firm, corporation, or agent that shall sell, offer, or expose for sale or distribution any package of same or any quantity of any concentrated commercial feeding stuff or of any mineral feed or of any livestock remedy which has not been registered with the Secretary of Agriculture as required by chapter 22.10 relating to stock foods and remedies, or which does not have affixed to it the label required by the provisions of such chapter, or which is found by an analysis made by or under the direction of the State Chemist to differ mate rially in composition from the guarantees and statements on the labels thereof, or which shall bear any false, misleading, or deceptive statements, either upon the label of the product or on circulars, leaflets, or other printed matter accompanying or distributed with such product; and any person, firm, or corporation or agent who shall fail or refuse to comply with any of the provisions of such chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished for the first offense by a fine of not less than ten nor more than fifty dollars and for each subsequent offense by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment. [1929] Sec. 22.9920. Penalty for violation of chapter 22.13. Any person violating any provision of chapter 22.13 relating to habit-forming drugs, shall upon conviction be punished, for the first offense, by a fine not exceeding five hundred dollars or by imprisonment in jail for not exceeding ninety days, or by both such fine and imprisonment, and for any subsequent offense, by a fine not exceeding one thousand dollars, or by imprisonment in the State Penitentiary for not exceeding two years or by both such fine and imprisonment. [1935] Sec. 22.9921. Penalty for violation of chapter 22.14. Any person who shall falsely paint, stamp, mark, or stencil any tank car, tank, barrel, can, keg, or other container containing linseed oil or flaxseed oil, or who shall violate any provision of chapter 22.14 relating to paints and oils, shall be guilty of a misdemeanor and upon conviction thereof shall be punished for the first offense by a fine not exceeding fifty dollars, and for each subsequent of fense by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment. [1909; last amended 1911.] Laws 1949, Ch. 85-Commercial Fertilizers. Sec. 1. Enforcement. The Secretary of Agriculture, hereinafter re ferred to as the "Secretary", is charged with the administration and enforcement of this chapter [Secs. 1-19] [1949] Sec. 2. Definitions. c. The term "commercial fertilizer" includes mixed fertilizers and fertilizer materials; d. The term "fertilizer material" means any substance containing nitrogen, phosphoric acid, potash, or any recognized plant food element or compound which is used primarily for its plant food content Laws 1949, Ch. 85-Commercial Fertilizers-Continued. or for compounding mixed fertilizers, except unmanipulated animal and vegetable manures; e. The term "mixed fertilizer" means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth, with or without inert materials; q. The term "label" means a display of written, printed, or graphic matter on or attached to the immediate container of any article and the outside container or wrapper of the retail package, if any there be; [1949] Sec. 5. Marking requirements. a. All commercial fertilizer offered for sale or sold or distributed in this state in bags, barrels, or other containers shall have placed on or affixed to the container a suitable label showing, in clearly legible and conspicuous written or printed form, the net weight or measure of the contents of the container The label shall be either (1) on tags affixed to the end of the package midway between the ears or on the sewed end, or (2) directly on the package in which case, for bags containing fifty pounds or more, the grade shall appear also on the end of the package in type that is plainly legible. b. If distributed in bulk, a written or printed statement of the net weight shall accompany delivery and be supplied to the purchasers. [1949] Sec. 14. Stop sale order. It shall be the duty of the Secretary to issue and enforce written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the Secretary finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this Act or any regulation issued hereunder, until the law has been complied with and said commercial fertilizer is released in writing by the Secretary or said violation has been otherwise legally disposed of by written authority. [1949] Sec. 15. Seizure. Any lot of commercial fertilizer not in compliance with the provisions of this Act [Secs. 1-19] shall be subject to seizure and condemnation on complaint of the Secretary to a court of competent jurisdiction in the area in which said fertilizer is located. [1949] Sec. 17. Penalties for violations; minor violations. a. Any person violating any of the provisions. of this Act [Secs. 1-19] or any rule or regulation promulgated hereunder shall be guilty of a mis demeanor and shall be punished for the first of fense by a fine of not less than $25.00 or more than $50.00, and for each subsequent offense by a fine of not less than $100.00 or by imprisonment for not to exceed thirty days, or by both such fine and imprisonment. b. Nothing in this Act shall be construed as requiring the Secretary or his representative to report for prosecution, or for the institution of seizure proceedings, minor violations of the Act when he believes that the public interests will be best served by a suitable notice of warning in writing. [1949] Laws 1949, Ch. 88-Anti-Freeze. Sec. 1. Definitions. (1) "Anti-freeze" shall include all substances and preparations sold or distributed for use as the cooling medium, or to be added to the cooling liquid or medium, for use in the cooling systems of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point; (4) "label" means a display of written, printed or graphic matter on or attached to the immediate container of any article and the outside container or wrapper of the retail package, if any there be; [1949] Sec. 3. Marking requirements. An anti-freeze shall be deemed to be misbranded; (1) if its labeling is false or misleading in any particular; or (2) If in package form and it does not bear a label on the outside of the package the plainly and conspicuously stating net quantity of the contents of the package: or (3) if it be so labeled or branded as to mislead or deceive the purchaser. [1949] Sec. 5. Enforcement. The Director of Licensing is charged with the administration of this Act [Secs. 1-7]. [1949] Sec. 7. Penalties for violations. Any person who shall violate or fail to comply with any of the provisions of this Act [Secs. 1-7] shall be guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment for not less than ten nor more than thirty days, or by both such fine and imprisonment. Any rule or regulation of the Director of Licensing promulgated under this Act may be enforced by proper legal procedure in a court of competent jurisdiction. [1949] Laws 1947, Ch. 99-Economic Poisons. For the purposes of this act [Secs. 1-15]- Sec. 9. Penalty for violations. a. Any person violating Section 4a (1) of this Act shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200.00. b. Any person violating any provision of this Act other than Section 4a (1) shall be guilty of a misdemeanor and upon conviction shall be fined not more than $50.00 for the first offense and upon conviction for a subsequent offense shall be fined not more than $200.00; provided, that any offense committed more than five years after a previous conviction shall be considered a first offense; and provided, further, that in any case where a registrant was issued a warning by the Secretary pursuant to the provisions of this Act, such registrant shall upon conviction of a violation of any provision of this Act other than Section 4a (1) be fined not more than $500.00, or imprisoned for not more than one year, or be subject to both such fine and imprisonment; and the registration of the article with reference to which the violation occurred shall terminate automatically. An article the registration of which has been terminated may not again be registered unless the article, its labeling, and other material required to be submitted appear to the Secretary to comply with all the requirements of this Act. [1947] Sec. 10. Seizures. a. Any economic poison or device that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outside this State shall be liable to be proceeded against in any Court in any county of the State where it may be found and seized for confiscation by process of libel for condemnation: (1) in the case of an economic poison, (a) if it is adulterated or misbranded; (b) if it has not been registered under the provisions of Section 5 of this Act; (c) if it fails to bear on its label the information required by this Act; [1947] [ED. NOTE.-Sec. 8 (not included herein) of this Act provides for exemptions with respect to economic poisons, including those used officially by State or Federal officials, used experimentally, and intended for export.] Code of 1939, Vol. 3, Title 52, Ch. 52.09-Track Scales. Sec. 52.0938. Supervision; testing. Jurisdiction and authority shall be vested in the Public Utilities Commission to require the construction of track scales and to test and correct the same from time to time and to regulate the maintenance and operation thereof. No such track scale shall be constructed in such a way as to in any manner interfere with the opera Code of 1939, Vol. 3, Title 52, Ch. 52.09-Track Scales -Continued. tion by the railroad company of its line of railway, and no scale shall be constructed of a size which will not permit of the weighing of an entirely detached car of a capacity of not to exceed one hundred thousand pounds. [1915] Sec. 52.0939. Private operation; procedure to procure. Whenever any person engaged in business on the right of way or loading tracks of any station of any railroad company doing business in this state desires to construct, maintain, and operate, at his own cost and expense, a track scale for the weighing of inbound and outbound shipments of freight in carload lots, such person shall first file in the office of the Public Utilities Commission a petition setting forth in substance: (1) The name, place of residence, business, and place of business of such petitioner; (2) The name of the station at which such track scale is desired to be constructed and operated; (3) The name of the railway on whose right of way it is desired that such track scale shall be constructed and operated; (4) The reasons, stated briefly, why it is desired to construct such track scale; (5) The place where such scale is desired to be constructed; (6) That the petitioner is ready, able, and willing, and agrees to assume and pay all expenses in any wise incurred in the construction of such track scale and in the grading or building of any spur or side track or right of way, and all expense in connection with the complete construction of such track scale, including any necessary changes in track, grade, or right of way. Upon the filing of such petition the Commission shall fix a time and place for hearing the petition and give at least thirty days notice thereof to the railroad company and to the petitioner interested. If, after such hearing, the Commission shall determine that there is a sufficient public demand and public necessity for the construction of such track scale, it shall, at the expense of the petitioner, procure complete plans and specifications for the construction of such track scale, and of any spur or side track, and any changes in the track or grade which may be necessary to properly install such track scale, including an estimate of the actual expenses necessarily to be incurred in completing the construction of the scale and equipping it so as to put it into operation, as well as the cost of any spur or side track and any changes in the track or grade which may be necessary to install such track scale, and shall serve a copy of such plans and specifications and estimate upon the petitioner and the railroad company interested. Upon the service of such plans and specifications and estimate, it shall be the duty of the petitioner to pay over to the Public Utilities Commission the amount of money set down as the estimated cost and expense of constructing such track scale, and any spur or side track and any changes in the track or grade necessary for the proper installation of such track scale, and thereupon it shall be the duty of the Public Utilities Commission to cause such track scale and spur or side track to be constructed in accordance with the plans and specifications and estimate provided therefor, and after such track scale is fully completed to serve notice to that effect upon the petitioner and the railroad company interested, and set a time and place for hearing any objections to the acceptance of the track scale as constructed. The Public Utili ties Commission shall have authority to determine whether such scale has been substantially constructed according to the plans and specifications and is suitable to the requirements of the shippers at that station, and upon arriving at such determination shall pay over the cost of construction thereof to the person who constructed the same. The petitioner shall make good any deficiency between the estimated and actual cost of construction within thirty days from the acceptance of such scale. Any surplus remaining after paying the cost of construction of such scale shall be immediately returned to the petitioner. The expense of maintaining such scale shall be borne by the petitioner. No such track scale shall be discontinued without the consent of the Public Utilities Commis sion, entered at length upon the journal of its proceedings, and then only upon restoration of the right of way to its original state at the expense of the original petitioner or his successors in interest. [1915] Code of 1939, Vol. 3, Title 57, Ch. 57.42-Public Fer son Weighing Scales. Sec. 57.4201. Definition. A "public person weighing scale" is denneu as any scale or device used or intended to be used by the general public for the purpose of weighing persons and for the use of which a charge is made or compensation is derived. [1931] Sec. 57.4202. License required. Any person, firm, corporation, or association who shall use, install, or display for use, any public person weighing scale, as defined herein, within the state of South Dakota, shall before doing so, secure a license for said scale from the Department of Agriculture of the state of South Dakota and pay the license fee provided herein. [1931] Sec. 57.4205. Inspection. All such scales shall be subject to the same inspection as now provided for public scales by the statutes of this state. [1931] Code of 1939, Vol. 3, Title 57, Ch. 57.99-Public Person Weighing Scales, Penal Provisions. Sec. 57.9940. Penalty for violations of chapter 57.42. Any person, firm, corporation, or association using, storing, or displaying a public person weighing scale without having secured a license therefor and paid the license fee required by chapter 57.42 relating to public person weighing scales taxation, or any person unlawfully or willfully defacing or removing the license plate from such scale or device shall be punished, upon conviction thereof, by a fine of not to exceed one hundred dollars or by the imprisonment in the county jail for the term of thirty days, or both such fine and imprisonment. [1931] Code of 1939, Vol. 3, Title 60, Ch. 60.03-Public Grain Warehouses. Sec. 60.0320.1 Weight certificates. Every person transacting the business of a public grain warehouseman, from whose public grain warehouse grain shall be shipped to any terminal point at which such grain shall be weighed, inspected, and graded by the officer of the state wherein such terminal point is situated, and certificates of such weighing, inspection, and grading shall be issued by such officer, shall forthwith secure from such officer, either through the consignee of such grain or otherwise, such certificates or true and correct copies thereof; and such certificates or copies shall, within ten days after issuance be transmitted and delivered to the person having immediate charge of the public grain warehouse from which such grain was shipped, and shall be open to the inspection and examination of any person who has an ownership interest in such shipment. The Public Utilities Commission may revoke the license of any public warehouseman found, upon hearing before it, to have violated such provisions. [1909] 1 See Sec. 60-9908, page 948; penalty for violations. Sec. 60.0321.1 Testing and repairing of scales. The Public Utilities 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 public warehouse in this state and test and seal all weighing scales and measures used in conducting such warehouse business, and for that purpose the Commission is authorized to provide itself with standard weights and measures and such additional facilities and equipment, including motor vehicles or such other means of conveyance as in the judgment of the Commission may be necessary and suitable in carrying on the work of inspecting, testing, and repairing scales in this state. If the person making such inspection shall find any scales in use in such public warehouse 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 again use, or permit the use of such scales for any purpose, until the same shall have been repaired, retested, and found to be correct, and until the 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 judgment of the 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; and the Commission shall make and publish reasonable rules and regulations for the inspection, testing, and repairing of such scales as may be necessary and desirable and not inconsistent with the laws of this state, specifying therein among other things the extent and nature of the repairs which will in its judgment be practicable for its inspectors to make. In addition to the fee provided by law for the inspection of such scales, the owner or person in charge of such scales shall pay to the Commission one dollar per hour for the time devoted by the inspector or other person inspecting such scales, to the work of repairing the same. owner or person in charge of scale being repaired shall furnish all materials needed in making the repairs. All moneys collected under the provisions of this section shall be, by the Commission deposited with the State Treasurer and by him kept in a separate fund and be expended only on vouchers approved by the Commission pursuant to the provisions of section 60.0306. [1890; last amended 1921.] 1 See Sec. 60–9909, page 948; penalty for violations. Sec. 60.0322. Inspection. The The Public Utilities Commission shall cause every warehouse and the business thereof, and the mode of conducting the same, to be inspected at such times as it may deem necessary, by one or more members of the Commission or by one of its agents, employees, or scale inspectors, who shall report in writing to the Commission the result of such examination; and the property, books, records, accounts, papers, and proceedings kept at such warehouses, so far as they relate to its condition, operation, or management, shall at all times dur |