September 1, 2026. Mark it down, because that’s the date North Dakota stops letting SNAP dollars buy soda, energy drinks, and candy. Soft drinks, energy drinks, and candy are coming off the state’s official list of “food for purchase” under the Supplemental Nutrition Assistance Program. Roughly 29,250 households — about 58,570 people — will notice it the first time they hit checkout.
This isn’t some sweeping ban on junk food in general. It’s a narrow, federally approved waiver with real boundaries, a few loopholes worth knowing, and a two-year clock attached to it. Here’s the actual breakdown.
What Is the North Dakota SNAP Junk Food Ban?
The USDA’s Food and Nutrition Service — now renamed the Food and Nutrition Administration — signed off on North Dakota’s request on December 10, 2025. Agriculture Secretary Brooke Rollins and HHS Secretary Robert F. Kennedy Jr. announced it alongside five other states, part of the larger “Make America Healthy Again” agenda.
Plain version: once the rule kicks in, an EBT card in North Dakota won’t cover soft drinks, energy drinks, or candy. Everything else stays put. Produce, meat, dairy, bread, cereal, most packaged snacks — untouched.
Why North Dakota Is Doing This
Commissioner Pat Traynor at North Dakota Health and Human Services calls it a health move, meant to steer people toward better choices and bring down chronic disease rates. WIC administrator JoAnna Rygg has said something similar, framing it around the state’s goal of becoming “the healthiest state in the nation.”
There’s money behind it too. North Dakota wants a slice of the $50 billion Rural Health Transformation Program, and states with approved SNAP food-restriction waivers score better as applicants. Sarah Aker, executive director for the department, told lawmakers plainly that this waiver helps the state’s funding case.
Not everyone’s on board. Senate Minority Leader Kathy Hogan has pushed back on restricting choice for SNAP households. One grocery worker summed up the irony pretty well: “I’m not on SNAP and I purchase those things” — referring to the same soda and frozen treats now off-limits for benefit recipients but still sitting on shelves for everyone else.
North Dakota SNAP banned items list
Here’s what’s actually going away:
- Soft drinks — regular and diet soda
- Energy drinks and energy shots
- Candy: chocolate bars, gummies, hard candy, chewing gum
- Chocolate-covered or candy-coated nuts
- Baking add-ins — chocolate chips, marshmallows, cake decorations
- Sweetened cereal bars and sweetened energy bars
North Dakota went further than most states here. Calling out chocolate chips and marshmallows by name — items nobody really thinks of as “candy” until they’re staring at a shopping list — isn’t something other waivers bothered to do.
Unlock Exclusive EBT Discounts in North Dakota
What Still Qualifies (The Exceptions People Miss)
The fine print leaves some real wiggle room. Worth knowing before you assume something’s off-limits.
The flour rule. Banned candy doesn’t include “any preparation containing flour.” A Twix bar. A KitKat. A regular cookie. Anything with a wafer or flour base skates past the restriction — even though it’s clearly dessert.
The refrigeration rule. Needs to stay cold, it’s not candy under this definition. Ice cream bars, chilled desserts — safe.
Soft drinks vs. mixers. The waiver only targets carbonated, sweetened, nonalcoholic drinks. Powdered mix and plain carbonated water don’t count. Technically, you could still buy the pieces to make your own soda at home.
Sports drinks. Outside both categories. Expected to stay eligible.
Key Dates to Know
| Date | What Happened |
|---|---|
| October 2025 | North Dakota submits its initial waiver request |
| November 3, 2025 | A revised version of the request is submitted |
| December 10, 2025 | USDA approves the waiver |
| April 22, 2026 | The restricted food and beverage definition is modified |
| September 1, 2026 | The ban officially takes effect |
Two years. That’s how long this runs as a demonstration project before USDA decides what comes next based on the results. And that April 2026 modification tells you something on its own — the fine print was still moving just months before rollout. Worth checking again as September approaches.
Also See Every State’s SNAP Food Restrictions at a Glance
How It Works at Checkout
About 600 SNAP-authorized retailers across North Dakota have to reprogram their point-of-sale systems — everyone from big grocery chains in Fargo and Bismarck down to the gas station outside a small town.
Mixed cart? Some eligible, some not? The system’s built to split it. SNAP covers what it can, cash or card covers the rest. John Dyste, who heads the North Dakota Grocers Association, doesn’t expect big chains to struggle much. Smaller stores without existing point-of-sale infrastructure are a different story — they’ll need more help getting ready in time.
Does This Rule Follow You Across State Lines?
North Dakota sits next to Minnesota, Montana, and South Dakota. None of them restrict candy or soda purchases under SNAP. So naturally, people near Fargo and Grand Forks are asking: can I just drive across the border?
Yes. Legally, nothing stops you. North Dakota’s own paperwork says out-of-state purchases “will not be used as a primary indicator of fraud or negatively impact SNAP eligibility.” Shop in Moorhead, no flag gets raised.
But the state’s watching anyway. Part of the two-year evaluation involves tracking transaction data from bordering states — seeing whether people are crossing the line specifically to grab restricted items. Surveys and dietary recalls are part of the study too, but participation is voluntary. Skip them, keep your benefits.
North Dakota vs other states snap ban
It’s not alone in this. North Dakota is one of six states — Hawaii, Missouri, South Carolina, Virginia, and Tennessee round out the list — approved in that same December 2025 announcement. That’s on top of roughly a dozen states that already had similar restrictions running.
| State | What’s Restricted | Effective Date |
|---|---|---|
| North Dakota | Soft drinks, energy drinks, candy (plus baking add-ins) | Sept. 1, 2026 |
| Oklahoma | Candy and soft drinks (baked goods excluded) | Jan. 1, 2026 |
| Ohio | Sugar-sweetened beverages only | Oct. 1, 2026 |
| Missouri | State-defined junk food categories | Oct. 1, 2026 |
| South Carolina | Candy, energy drinks, soft drinks (dairy/juice exceptions) | 2026 |
Definitions shift state to state. What’s restricted here might sail through in a neighboring waiver state. And the reverse holds too.
A Quick Way to Check Any Item
Run through this, in order:
- Soda, energy drink, energy shot? Restricted.
- Candy — chocolate, gummies, hard candy, gum? Restricted.
- Has flour in it (cookies, wafers, cake)? Probably fine.
- Needs refrigeration (ice cream, chilled desserts)? Probably fine.
- Sports drink or powdered mix? Probably fine.
Still not sure? Call the North Dakota Department of Health and Human Services directly. The definitions have already shifted once — they could shift again before September.
Find Your North Dakota EBT Payment Date
FAQs About north dakota snap restrictions 2026
Does the North Dakota SNAP ban cover chips or regular snack foods?
No. Just soft drinks, energy drinks, and candy — plus a few candy-adjacent baking items. Chips and most packaged snacks are fine.
When exactly does the ban start?
September 1, 2026. Two-year pilot, not a permanent change on day one.
Can SNAP recipients still buy soda with cash?
Yes. The restriction only touches the SNAP/EBT portion of a purchase.
Will shopping in Minnesota or another state get someone’s benefits cut off?
No. Out-of-state purchases aren’t treated as fraud. The state’s collecting general transaction data from border areas, but that’s a separate thing from penalizing individuals.
Is ice cream considered candy under this rule?
No — items that need refrigeration are excluded from the candy definition. Ice cream and similar frozen desserts should stay eligible.
Why is North Dakota making this change?
Two reasons, really. Public health goals around chronic disease and nutrition, and a financial incentive tied to the Rural Health Transformation Program, which favors states with SNAP waivers like this one.
Are chocolate chips and marshmallows really banned?
Yes. North Dakota names them specifically — more detail than most other states bothered to include.
Is North Dakota the only state doing this?
Not even close. It’s one of roughly 18 states with approved 2026 SNAP food restriction waivers, including Hawaii, Missouri, South Carolina, Virginia, and Tennessee.
Conclusion
None of this is as sweeping as the headlines make it sound. Three categories, a handful of exceptions, and a two-year test run to see if it actually works. If you’re on SNAP in North Dakota, the smart move is simple: know the list, know the loopholes, and budget separately for soda and candy if you still want them come September. That’s really all there is to it.
Official Resources
- See the Full Banned & Allowed Items List — ND Health and Human Services
- Verify the Official Waiver Approval — USDA Food and Nutrition Administration
- Apply for SNAP Benefits — ND Health and Human Services
- Check SNAP Eligible Food Rules — USDA.gov
Disclaimer: This article is based on publicly available waiver documents and news reporting as of August 2026. Policy details, especially exact product definitions, may be revised before or after the September 1, 2026 effective date — check with the North Dakota Department of Health and Human Services or the USDA for the most current guidance.
I am the author of EBTBenefitsGuide.com, with 3 years of experience covering SNAP and EBT benefits. They are dedicated to providing accurate, up-to-date details to help readers navigate government assistance programs with confidence.
