The USDA Food and Nutrition Service (FNS) has approved a request from the North Dakota Department of Health and Human Services to launch a “demonstration project” that changes what can be bought with SNAP benefits.
Starting September 1, 2026, North Dakota will implement a statewide ban on using SNAP benefits to purchase candy, soft drinks, and energy drinks. This pilot program will run for two years.
What is Changing?
North Dakota is amending the definition of “eligible food” to exclude three specific categories. However, the state has provided very specific definitions that create clear distinctions between what is banned and what remains legal.
| Category | ❌ No Longer Eligible (Banned) | ✅ Still Eligible (Allowed) |
|---|---|---|
| Sodas & Pop | ❌ Soft Drinks: Any carbonated beverage containing water, flavoring, and a sweetening agent (sugar, corn syrup, or artificial sweeteners). Examples: Coke, Pepsi, Mountain Dew. | ✅ Flavored Waters: The waiver explicitly states that “carbonated (flavored) water” is still allowed. ✅ Powdered Mixes: Powdered drink flavorings (like Kool-Aid or lemonade packets) are allowed. ✅ 100% Juice: Natural fruit juices remain eligible. |
| Energy Drinks | ❌ Stimulant Drinks: Any drink (carbonated or not) containing stimulants or herbal extracts like fortified caffeine, guarana, taurine or ginseng, formulated to enhance energy. Examples: Red Bull, Monster, 5-Hour Energy. | ✅ Sports Drinks: Beverages marketed for hydration (like Powerade or Gatorade) are explicitly allowed. ✅ Coffee: The ban applies to “energy drinks,” not standard coffee beans or grounds. |
| Candy & Sweets | ❌ Standard Candy: Sugar/honey combined with chocolate, fruit, or nuts in the form of bars, drops, or pieces. Examples: Skittles, M&Ms, Hershey’s Bars, Gum, Mints, Licorice. ❌ Baking Items: Chocolate chips, marshmallows, butterscotch chips, almond bark and most baking chocolate are explicitly banned in the document as they are “candy-like” ingredients. | ✅ The “Flour” Exemption: Any sweet containing flour is NOT considered candy. (e.g., KitKats, Twix, or cookies are likely safe). ✅ Honey, sugar, molasses, maple syrup and corn syrup are excluded from the definition of “candy” and remain allowable SNAP purchases. ✅ Cocoa powder for baking is likely allowed, since the ban only mentions baking chocolate that comes in bars, drops or pieces. |
Who is Affected?
Everyone who shops with SNAP in North Dakota is affected by this change. The waiver clearly states that this applies to 100% of the North Dakota SNAP population. There is no way to opt-out; participation is mandatory.
Things You Need to Know
The detailed USDA approval letter outlines important protections and details that you need to know.
You are allowed to shop out-of-state. The document clearly states, “Clients’ out of State transactions will not be used as a primary indicator of fraud or negatively impact SNAP eligibility.” You will not be punished for shopping in Moorhead or other border towns.
They are tracking out-of-state transactions. The state will collect data on transactions made in bordering states (MN, MT, SD). They are tracking to see if people cross the border to buy soda and candy.
You do not have to participate in the surveys. o evaluate the project, the state will use surveys and dietary recalls. Participation in these evaluation tools is voluntary. You can opt out of the surveys without losing your benefits.
How to Prepare
The definitions in the North Dakota waiver provide specific ways to adapt your shopping list:
- Look for flour. The definition of banned candy “does not include any preparation containing flour.” If you want a chocolate treat, look for items that include a wafer or cookie crunch (like KitKats, Twix, or standard cookies). Check the ingredients list for flour.
- Make your own sodas. Since “soft drinks” are banned but “powdered flavorings” are allowed, you can buy carbonated plain water (allowed) and powdered drink mix (allowed) to make your own imitation sodas at home.
- Check the temperature. The candy definition excludes items “requiring refrigeration.” This means that ice cream bars and refrigerated desserts are likely safe from the candy ban.
- Prepare to pay with cash. Unlike other states, North Dakota explicitly lists chocolate chips and marshmallows as restricted items. If you plan to bake cookies, you may need to budget cash for these specific mix-ins.
Relief Recap
While restrictions are never convenient, North Dakota residents have until September 2026 to prepare. The specific wording of the law leaves several “safe” options for sweets (anything with flour) and drinks (sports drinks and powders). Furthermore, your benefits remain secure, and shopping across state lines continues to be a protected right that will not trigger fraud alerts on your account.
This article was drafted with AI assistance and fully fact-checked by Nicole Thelin. Learn more about our Responsible AI Use Policy.