The USDA Food and Nutrition Service (FNS) has approved a request from the Nevada Department of Human Services to launch a “demonstration project” that changes what can be bought with SNAP benefits.
Starting February 1, 2028, Nevada will implement a statewide ban on purchasing certain candy and sugar-sweetened beverages with SNAP benefits. This pilot program will run for two years, through February 1, 2030, unless it is extended.
What is Changing?
Nevada is amending the definition of “eligible food” to exclude certain types of candy and sugar-sweetened beverages from SNAP purchases.
However, Nevada’s rules are very specific. Unlike some other states, chocolate products are NOT included in the candy ban, and diet drinks remain allowed.
The beverage restriction only applies to drinks that contain added caloric sweeteners, such as sugar or high-fructose corn syrup.
| Category | ❌ No Longer Eligible (Banned) | ✅ Still Eligible (Allowed) |
|---|---|---|
| Candy | ❌ Gummies (Gummy Bears, Sour Patch Kids) ❌ Licorice ❌ Hard candy (Jolly Ranchers, Life Savers) ❌ Compressed candy (Nerds, Starburst, Airheads) | ✅ Chocolate candy (Snickers, Hershey bars, Reese’s) ✅ Granola bars and protein bars ✅ Fruit or nut snacks ✅ Products sweetened with stevia, monk fruit, or sugar alcohols |
| Sugary Drinks | ❌ Regular soda (Coke, Pepsi, Dr Pepper) ❌ Sweetened fruit drinks under 50% juice ❌ Sweetened flavored drinks with added sugar | ✅ Diet soda and zero-sugar drinks ✅ Plain sparkling water or seltzer ✅ Coffee and tea beverages |
| Juice & Dairy Drinks | ❌ Fruit drinks with less than 50% juice and added sugar | ✅ 100% fruit or vegetable juice ✅ Milk and milk-based drinks ✅ Milk substitutes (soy, almond, rice, etc.) |
| Other Drinks | ❌ Drinks with added caloric sweeteners that meet the “sugar-sweetened beverage” definition | ✅ Sports drinks and electrolyte drinks ✅ Nutrition shakes or meal replacement shakes ✅ Medical hydration drinks ✅ Plain water |
| Other Foods | ❌ Nevada is banning certain candy and sugar-sweetened beverages | ✅ Most groceries like bread, meat, vegetables, cereal, and pasta remain fully eligible |
Who is Affected?
Every SNAP shopper in the state of Nevada will be affected by this change. It applies to 100% of Nevada SNAP users.
It is mandatory and there is no way to opt out of the food restrictions themselves. However, participation in any surveys, interviews, dietary recalls, or other evaluation tools is voluntary.
Critical Things You Need to Know
The USDA approval letter reveals several important details about how this program will work.
You can still shop with SNAP in other states. Federal rules require SNAP benefits to remain interoperable across state lines. The waiver specifically states that out-of-state purchases cannot be used as a primary indicator of fraud and will not affect your eligibility.
Retailers will get time to adjust. SNAP retailers will have a 90-day grace period after the program begins to update their systems and ensure compliance with the new restrictions.
Nevada will closely monitor the program. The state must submit quarterly reports to USDA that track complaints, retailer compliance, administrative costs, and other data.
The program could be extended. The initial demonstration project runs from February 1, 2028 through February 1, 2030, but Nevada may request up to three one-year extensions, for a maximum of five years.
How to Prepare
Nevada’s rule focuses on added sugar, not just carbonation. Here are a few ways to prepare ahead of the 2028 start date.
- Watch for added sugar in drinks. If a beverage contains added caloric sweeteners like sugar or high-fructose corn syrup, it may be restricted unless it qualifies for an exemption.
- Check juice percentages. Drinks that contain more than 50% fruit or vegetable juice remain eligible, but sweetened fruit drinks that contain mostly water and sugar may not qualify.
- Remember that chocolate is still allowed. Nevada’s candy rule specifically targets gummies, licorice, hard candy, and compressed candies, but chocolate products are excluded from the ban.
- Look for zero-sugar alternatives. Diet drinks and beverages with non-caloric sweeteners remain eligible, which means diet soda and zero-sugar drinks may still be purchased with SNAP.
- Plan ahead for restricted items. If your household regularly buys gummies, licorice, or sugary beverages, you may want to start budgeting for those items separately before the new rule begins.
Relief Recap
The new restrictions are scheduled to begin on February 1, 2028, which gives households time to prepare. SNAP benefits will still work in other states, and participation in surveys about the program will be completely voluntary.
