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2025-2026 Bill 5097: Roadside Markets
South Carolina General Assembly
126th Session, 2025-2026
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A157, R210, H5097
STATUS INFORMATION
General Bill
Sponsors: Reps. Haddon, Yow, Ligon, Holman, Rankin, Pedalino, Forrest, Hixon, Cromer, Gilreath and M.M. Smith
Document Path: LC-0583WAB26.docx
Introduced in the House on February 4, 2026
Introduced in the Senate on February 24, 2026
Last Amended on May 5, 2026
Currently residing in the House
Governor's Action: May 15, 2026, Signed
Summary: Roadside Markets
HISTORY OF LEGISLATIVE ACTIONS
Date
Body
Action Description with journal page number
2/4/2026
House
Introduced and read first time (
House Journal-page 12
)
2/4/2026
House
Referred to Committee on
Agriculture, Natural Resources and Environmental Affairs
(
House Journal-page 12
)
2/18/2026
House
Committee report: Favorable with amendment
Agriculture, Natural Resources and Environmental Affairs
(
House Journal-page 42
)
2/19/2026
House
Member(s) request name added as sponsor: Cromer,
Gilreath
2/19/2026
House
Amended (
House Journal-page 26
)
2/19/2026
House
Read second time (
House Journal-page 26
)
2/19/2026
House
Roll call Yeas-106 Nays-0 (
House Journal-page 27
)
2/19/2026
House
Unanimous consent for third reading on next
legislative day (
House Journal-page 28
)
2/20/2026
House
Read third time and sent to Senate (
House Journal-page 2
)
2/24/2026
Senate
Introduced and read first time (
Senate Journal-page 8
)
2/24/2026
Senate
Referred to Committee on
Judiciary
(
Senate Journal-page 8
)
2/25/2026
House
Member(s) request name added as sponsor: M.M. Smith
4/29/2026
Senate
Committee report: Favorable with amendment
Judiciary
5/5/2026
Senate
Committee Amendment Adopted
5/5/2026
Senate
Amended (
Senate Journal-page 49
)
5/5/2026
Senate
Read second time (
Senate Journal-page 49
)
5/5/2026
Senate
Roll call Ayes-45 Nays-0 (
Senate Journal-page 49
)
5/6/2026
Senate
Read third time and returned to House with amendments (
Senate Journal-page 83
)
5/7/2026
House
Concurred in Senate amendment and enrolled (
House Journal-page 12
)
5/7/2026
House
Roll call Yeas-98 Nays-0 (
House Journal-page 13
)
5/14/2026
Ratified R 210
5/15/2026
Signed By Governor
5/26/2026
Effective date 05/15/26
5/26/2026
Act No. 157
View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/04/2026
02/18/2026
02/19/2026
04/29/2026
05/05/2026
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
(A157, R210, H5097)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-1-145 SO AS TO PROVIDE THAT CERTAIN ROADSIDE MARKETS OPERATED BY FARMERS ARE NOT CONSIDERED COMMERCIAL OPERATIONS FOR LOCAL ZONING PURPOSES AND ARE EXEMPT FROM CERTAIN LOCAL AND STATE REGULATORY REQUIREMENTS, AND TO DEFINE NECESSARY TERMS, AMONG OTHER THINGS.
Be it enacted by the General Assembly of the State of South Carolina:
Roadside markets
SECTION 1. Article 1, Chapter 1, Title 6 of the S.C. Code is amended by adding:
Section 6-1-145. (A) For purposes of this section, "roadside market" means a direct-to-consumer point located near a roadway on a farmer's leased or owned farm property that the farmer controls where an individual farmer sells farm products produced on his farm in this State to the general public, including fresh produce and farm goods such as honey, eggs, and jellies. A roadside market does not include multivendor farmers' markets or similar outlets. Hemp based products designed to be ingested are not permitted to be sold in a roadside market.
(B) Notwithstanding another provision of law, a roadside market, as defined in subsection (A), may not be classified or required by a county or municipality to be zoned as a commercial operation.
(C) A roadside market is exempt from local government stormwater regulations, stormwater permitting requirements, and local building codes, including permitting, inspection, and construction requirements otherwise applicable to commercial or retail structures. A local government shall not be held liable for any occurrence that arises as a result of the exemption provided for in this section.
(D) A roadside market is exempt from the provisions of the South Carolina Surface Water Withdrawal, Permitting Use, and Reporting Act, contained in Chapter 4, Title 49.
(E) A roadside market seeking certification as a Certified Roadside Market by the South Carolina Department of Agriculture under the Roadside Market Incentive Program pursuant to Article 5, Chapter 19, Title 46 and regulations promulgated pursuant to that article may not be exempt from the requirements of that voluntary program by the provisions of this section.
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 14th day of May, 2026.
Approved the 15th day of May, 2026.
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This web page was last updated on
June 11, 2026 at 3:21 PM