Indicates Matter Stricken

Indicates New Matter

 

Committee Report

February 18, 2026

 

H. 5097

 

Introduced by Reps. Haddon, Yow, Ligon, Holman, Rankin, Pedalino, Forrest and Hixon

 

S. Printed 2/18/26--H.

Read the first time February 4, 2026

 

________

 

The committee on House Agriculture, Natural Res. and Environmental Affairs

To whom was referred a Bill (H. 5097) 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, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 6-1-145(A) and inserting:

    (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.

Amend the bill further, SECTION 1, by striking Section 6-1-145(C) and inserting:

    (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.

Amend the bill further, SECTION 1, by striking Section 6-1-145(E) and (F) and inserting:

    (E) This section preempts any ordinance, regulation, or policy of a county or municipality that conflicts with the provisions of this section.

    (F)(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 article.

Renumber sections to conform.

Amend title to conform.

   

WILLIAM HIXON for Committee.

 

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A bill

 

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:

 

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 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.

    (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.

    (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 46.

    (E) This section preempts any ordinance, regulation, or policy of a county or municipality that conflicts with the provisions of this section.

    (F) 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 article.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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