North Dakota SNAP restrictions remain scheduled for Sept. 1. What shoppers and grocers need to know

North Dakota’s SNAP food restrictions remain scheduled to begin September 1, 2026. Starting that day, SNAP benefits will not cover defined sweetened beverages, energy drinks or candy at North Dakota retailers, although shoppers may still buy those products with cash, debit or credit.

The change will apply statewide to purchases made with SNAP benefits, including transactions made with out-of-state EBT cards and eligible online orders delivered to North Dakota. It will not reduce SNAP eligibility or the amount of benefits a household receives.

The North Dakota Department of Health and Human Services is preparing retailers through guidance, technical assistance and scheduled webinars. Retailers must update their point-of-sale systems and complete a required state attestation. The state says retailers remain responsible for accurate compliance.

What the USDA-approved waiver does

The U.S. Department of Agriculture approved North Dakota’s request for a two-year SNAP food-restriction demonstration project. The project is scheduled to run from September 1, 2026, through August 31, 2028. Any extension would require additional approval.

The September 1 start date remains scheduled rather than guaranteed. The USDA approval says implementation must be delayed if North Dakota cannot meet the required conditions.

The project applies statewide to North Dakota’s SNAP caseload and changes which products may be purchased with EBT. USDA will evaluate the project using information from the state and other available sources. That evaluation does not establish health outcomes in advance.

A June 22, 2026 federal court ruling vacated USDA approvals for food-restriction waivers in Colorado, Iowa, Nebraska, Tennessee and West Virginia. North Dakota was not among the states named in that ruling, and USDA continues to list North Dakota with a September 1 target date.

Which products will be restricted

North Dakota’s guidance uses product definitions rather than a simple list of brands or package types. The restricted categories are sweetened drinks or beverages, energy drinks and candy.

Sweetened drinks generally include nonalcoholic, water-based beverages with at least 5 grams of added sugar, any artificial sweetener or less than 50% fruit or vegetable juice by volume. The category can include soda, sweetened tea, sweetened lemonade, some sports and electrolyte drinks, bottled coffee drinks with added sugar, drink mixes and ingredients for liquid or frozen beverages.

Energy drinks, shots and drink mixes are restricted when they contain at least 65 milligrams of caffeine per 8 ounces or stimulants such as fortified caffeine, guarana, glucuronolactone, ginseng or taurine.

Candy includes products marketed or sold as candy, including chocolate bars, gummies, caramels, taffy, licorice and candy bars. Non-bakery products dipped, coated or covered in chocolate, yogurt or another candy coating may also fall within the definition. Store-brand products equivalent to candy and marketed as such are included.

Shoppers should not assume every sports drink, bar or chocolate-coated product is treated the same way. Product labels and the state’s flowcharts will matter for borderline items.

What will remain eligible

The waiver does not restrict the purchase of food generally. Examples that North Dakota says will remain eligible with SNAP include:

• Milk and milk substitutes such as soy, rice, oat and almond milk.
• Beverages containing more than 50% fruit or vegetable juice by volume.
• Unsweetened beverages, tea without added sugar and beverages with 5 grams of sugar or less or no artificial sweeteners.
• 100% juice and baby formula.
• Protein bars, granola bars and cereal bars.
• Products primarily sold as baking ingredients, including honey, sugar, alternative sweeteners, flour, maple syrup and chocolate chips.

North Dakota’s public guidance also lists flavored milk products, meal-replacement drinks with milk and unsweetened seltzer as eligible examples.

What happens at checkout

If a restricted product is scanned, the point-of-sale system should decline payment through SNAP. The shopper may still complete the purchase using another payment method, such as cash, a debit card or a credit card.

Online orders follow the same basic rule. An online retailer that accepts SNAP in North Dakota must block restricted food and drink items when an order is delivered to a North Dakota address.

The rule follows the location of the purchase. An out-of-state SNAP participant shopping at a North Dakota retailer must follow North Dakota’s restrictions. A North Dakota SNAP participant shopping in another state must follow that state’s rules.

What retailers must do

Each North Dakota retailer that accepts SNAP is responsible for updating its point-of-sale system to identify and decline restricted items. Retailers must also maintain an accurate understanding of which products are allowed and restricted.

All SNAP-authorized retailers must complete the state’s retailer attestation form acknowledging the updated requirements. North Dakota HHS says it will provide technical assistance, including guidance on product definitions and restricted items, but retailers remain responsible for compliance.

The state’s retailer guidance says no funds are currently available to help pay for point-of-sale upgrades. Retailers should track additional state guidance about technical assistance, system changes and implementation requirements.

North Dakota HHS has scheduled retailer information webinars through October 27. The listed sessions include August 13, August 25, September 10, September 22, October 8 and October 27; the July 28 session has already occurred.

Grace period and enforcement

Existing SNAP-authorized retailers will receive a 90-day grace period beginning when the waiver is implemented. The grace period does not apply to retailers newly authorized after implementation, and it does not remove the retailer’s responsibility to follow the rules.

After the grace period, a retailer found out of compliance may receive a warning letter and instructions for corrective action. A second finding after the warning and at least 30 days may lead to involuntary withdrawal from SNAP authorization. Retailers may request an administrative review, and any withdrawal is held while that review is pending.

For shoppers, the practical step is to check labels and ask store staff about products that are not clearly categorized. For retailers, the immediate preparation steps are completing the attestation, updating checkout systems, training staff and monitoring North Dakota HHS guidance before the scheduled September 1 launch.

Sources

• North Dakota HHS SNAP Healthy Choice Waiver: Retailer Information
• USDA North Dakota SNAP Food Restriction Waiver Approval
• Aragon v. Rollins memorandum opinion

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