US Lawyer Database

49-45-1. Grain buyer’s license–Penalty–Civil fine.

Before transacting the business of a grain buyer in this state, a person shall obtain a grain buyer license from the commission.

A violation of this section is a Class 5 felony if the person holds himself or herself out to be a grain broker and a Class 1 misdemeanor in all other cases. Each purchase of grain without a license is a separate offense.

A grain buyer transacting business without a license may be enjoined upon complaint of the commission.

The commission may assess a civil fine against an unlicensed grain buyer in the amount of five thousand dollars for each purchase of grain, up to a maximum fine of fifty thousand dollars per licensing period, as set forth in §49-45-3.

For purposes of this section, the term, purchase of grain, means a transaction evidenced by the issuance of a uniform scale ticket or receipt, as described in §49-45-10.1.

Source: SL 1949, ch 434, §1; SL 1957, ch 488; SDC Supp 1960, §60.0335; SL 1983, ch 15, §174; SL 1985, ch 376, §71; SL 1992, ch 332, §5; SL 2008, ch 251, §1; SL 2022, ch 174, §4; SL 2022, ch 175, §1.