The Supplemental Nutrition Assistance Program (SNAP) healthy food-choice waiver addresses public health challenges across North Dakota by improving the nutritional well-being of SNAP participants.

It helps people choose healthier foods, which can lower the risk of long-term health problems and help everyone feel stronger and healthier. These changes also support healthy, thriving communities.

Beginning September 2026, certain items will no longer be able to be purchased with an EBT card. This change aims to empower SNAP participants to make healthier food choices.

Items that will no longer be able to be purchased with SNAP benefits with an EBT card include:

Sweetened drinks that contain:

  • Five grams or more of added sugar or any amount of artificial sweetener and/or less than 50% vegetable or fruit juice
  • This category also includes:
    • Drink mixes and ingredients for liquid or frozen beverages, whether in concentrated or ready-to-mix forms

Energy drinks, shots or drink mixes that contain:

  • 65 milligrams or more of caffeine per eight ounces
  • Stimulants, such as fortified caffeine, guarana, glucuronolactone, ginseng or taurine

Candy

  • Defined as products marketed or sold as candy, including but not limited to:
  • Chocolate bars
  • Gummies
  • Caramels
  • Taffy
  • Licorice
  • Candy bars
  • Non-bakery items dipped, coated, or covered in chocolate, yogurt or other candy coating
  • Private label or store brand products that are equivalent to candy and marketed as such

Examples of items that will still be allowed include:

Drinks

  • Milk or milk-based products
    • Soy, rice or other milk substitutes
  • Beverages containing more than 50% fruit or vegetable juice (by volume)
  • Unsweetened beverages
  • Tea without added sugar
  • Any beverage that contains 5 grams of sugar or less or contains no artificial sweeteners

Food

  • Protein bars
  • Granola bars
  • Cereal bars
  • Products primarily sold as baking ingredients:
    • Honey
    • Sugar
    • Alternative sweeteners
    • Flour
    • Maple syrup
    • Chocolate chips

Need help determining if an item can be purchased with SNAP?

Use the flowcharts below.

Energy drinks Sweetened drinks or beverages Candy

General Questions

No. Out-of-state SNAP participants shopping at North Dakota retailers must follow North Dakota rules. They cannot use SNAP benefits to purchase restricted items, including sweetened beverages, energy drinks, or candy, while in North Dakota.

No. These rules only apply when shopping in North Dakota. If you use your SNAP EBT card in another state, you must follow that state’s rules. If that state allows certain food or drink items, you may be able to buy them there.

If you scan a food or drink that is no longer allowed under SNAP, the system won’t let you pay for it with your SNAP benefits. You can still buy it, but you’ll need to use another way to pay, like cash or a debit or credit card.

Some stores may put up signs or give guidance, but not every item will be labeled. If you’re not sure whether something is allowed, you can:

  • Ask a store worker for help
  • Look at the product label to check for added sugar or other restricted ingredients
  • Remember that items like sweetened drinks, soft drinks, energy drinks, and candy are usually not allowed

Yes. You can still buy items that aren’t allowed under SNAP by using another way to pay, like cash, a debit card, or a credit card. The rule only applies to SNAP EBT cards.

Yes. These restrictions apply to any SNAP purchase made at a North Dakota store, regardless of which state issued your benefits.