North Dakota SNAP changes targeted for Nov. 1 after postponement request
North Dakota Health and Human Services said Thursday, Aug. 27, that the state has submitted a request to move planned SNAP purchasing changes from Sept. 1 to a target implementation date of Nov. 1, 2026.
The request was made in coordination with and at the direction of the federal Food and Nutrition Administration. HHS said North Dakota SNAP participants may continue buying items that are currently eligible with their EBT cards until the new implementation date.
The announcement gives households and retailers two additional months to prepare for a statewide waiver that would prevent SNAP benefits from being used to buy certain sweetened beverages, qualifying energy drinks and candy. The products would still be available for purchase with cash, debit or credit cards.
What would change under the waiver
Under North Dakota HHS guidance, the waiver would restrict three broad categories of products purchased with SNAP benefits: certain sweetened beverages, certain energy drinks and candy. It would not reduce SNAP benefit amounts or prohibit stores from selling the products.
Restricted sweetened drinks include products with five grams or more of added sugar or any artificial sweetener and less than 50% vegetable or fruit juice. The category also includes some drink mixes and ingredients for liquid or frozen beverages, whether concentrated or ready to mix.
Energy drinks, shots and drink mixes would be restricted if they contain at least 65 milligrams of caffeine per eight ounces or specified stimulants such as fortified caffeine, guarana, glucuronolactone, ginseng or taurine.
HHS defines candy by how a product is marketed or sold. Examples include chocolate bars, gummies, caramels, taffy, licorice, candy bars and some non-bakery items dipped, coated or covered in chocolate, yogurt or another candy coating.
Many foods and drinks would remain eligible
The waiver would not apply to all sugary foods or all beverages. HHS says milk, milk-based products and substitutes such as almond, oat, rice and soy beverages would remain eligible.
Other examples include beverages containing more than 50% fruit or vegetable juice, unsweetened beverages, tea without added sugar, qualifying beverages with five grams of sugar or less or no artificial sweeteners, baby formula, seltzer without added sugar or artificial sweeteners, and 100% juice.
Protein bars, granola bars and cereal bars would remain eligible, as would products primarily sold as baking ingredients, including honey, sugar, alternative sweeteners, flour, maple syrup and chocolate chips.
Because classification can depend on ingredients and how a product is marketed, shoppers should check labels, use HHS product flowcharts or ask a store employee when they are unsure.
The rules would apply to purchases made in North Dakota
The restrictions would apply to SNAP purchases made at North Dakota retailers, regardless of which state issued the customer’s benefits. A shopper using a Minnesota, South Dakota or Montana EBT card at a North Dakota store would have to follow North Dakota’s restrictions once they take effect.
The reverse would also apply: North Dakota’s restrictions would not follow a resident who shops at a retailer in another state. The rules of the state where that purchase occurs would apply.
Online orders would be covered when they are delivered to North Dakota. HHS says an online retailer accepting SNAP in North Dakota must block restricted food and drink items from orders delivered to a North Dakota address.
Retailers must prepare checkout systems
North Dakota grocery retailers that accept SNAP will be responsible for updating point-of-sale systems so restricted items cannot be paid for with EBT. Retailers must maintain accurate product information and complete an attestation acknowledging the updated requirements.
HHS is providing technical assistance, product flowcharts and retailer webinars. The department’s schedule lists sessions through Oct. 27, including webinars on Sept. 10, Sept. 22, Oct. 8 and Oct. 27. HHS says no funding is currently available for point-of-sale upgrades.
Existing SNAP-authorized retailers will receive a 90-day grace period after implementation. After that period, noncompliance can lead to a warning and, after a subsequent violation, possible involuntary withdrawal from the SNAP program, subject to administrative review.
What happens next
Nov. 1, 2026, is the target date identified by HHS after North Dakota submitted its postponement request. The Aug. 27 announcement does not independently establish that federal approval of the new date is final, so households and retailers should watch HHS for further updates.
HHS said the pause will give federal partners, retailers and SNAP households more time to prepare. Valley News Live reported that the department planned to seek public input, but HHS had not specified how or when that process would occur.
SNAP customers with questions can visit North Dakota HHS’s assistance page or contact the Customer Support Center at 866-614-6005 or 701-328-1000, Monday through Friday from 8 a.m. to 5 p.m. Central time. Questions may also be emailed to applyforhelp@nd.gov.
Sources
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