SDCL § 40-31-11: Assessment collected by first dealer--Producers responsible for payment.

All assessments levied and imposed under this chapter shall be deducted from the price paid to the producer and shall be collected by the first dealer, provided, however, that:

(1) Where the producer sells directly to the consumer, the taxes aforesaid shall be collected from such producer;

(2) Where the producer sells outside the State of South Dakota, the assessments aforesaid shall be due and payable by such producer except that agreements may be made with dealers outside of the state for the purpose of collecting the assessments aforesaid from such dealers.