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 on November 1, 2026, North Dakota began restricting SNAP purchases of sweetened beverages, energy drinks, and candy. 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 | ❌ Sweetened Drinks: Water-based drinks with 5 grams or more of added sugar, any artificial sweetener, or less than 50% fruit or vegetable juice. ❌ Drink Mixes: Concentrated and ready-to-mix products for liquid or frozen drinks are now included in the restriction, following a April 2026 modification. | ✅ Unsweetened Seltzer or Flavored Waters: The waiver explicitly states that “carbonated (flavored) water” is still 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: Sports and electrolyte drinks like Powerade and Gatorade are not allowed under the new rules. | ✅ 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. ❌ Flour products: Although the previous version said that any sweet containing flour is NOT considered candy, a modification in April 2026 changed those rules. | ✅ Baking ingredients are excluded from the new candy definition. ✅ Honey, sugar, molasses, maple syrup and corn syrup are excluded from the definition of “candy” and remain allowable SNAP purchases. |
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. To 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.
Relief Recap
North Dakota’s SNAP food restrictions are expected to take effect on November 1, 2026. North Dakota’s restrictions only apply when shopping in North Dakota. If you use SNAP in another state, that state’s rules apply.
