North Dakotans have until Oct. 15 to comment on the state’s plan to restrict purchases of specified sweetened drinks, energy products and candy with Supplemental Nutrition Assistance Program benefits, adding a federal review period before the changes are scheduled to begin Nov. 1.
The U.S. Department of Agriculture’s Food and Nutrition Administration published a request for comments on Sept. 15. The agency said it is particularly interested in the project’s implementation and operation and will take action as appropriate in response to the record. Comments submitted through Regulations.gov will be public, including the commenter’s identity.
The notice concerns North Dakota’s demonstration project under federal food-assistance law. USDA approved the state’s initial request in December 2025, and the agency’s waiver page lists Nov. 1, 2026, as the effective date for restrictions on soft drinks, energy drinks and candy. The state originally sought a Sept. 1 start but requested a two-month delay while implementation work continued.
What the checkout rules would change
North Dakota Health and Human Services’ consumer guidance says SNAP benefits will no longer pay for sweetened beverages that contain at least five grams of added sugar, any artificial sweetener or less than 50% fruit or vegetable juice. The restricted beverage category includes drink mixes and products such as soda, sweetened tea, lemonade and some sports or electrolyte drinks.
The state also defines restricted energy products by caffeine and stimulant content, including drinks, shots or mixes with at least 65 milligrams of caffeine per eight ounces or ingredients such as guarana, ginseng or taurine. Candy includes products marketed as candy, among them chocolate bars, gummies, caramels, taffy and licorice.
The rules do not prohibit stores from selling those products or shoppers from buying them with cash, debit or credit. They change only whether SNAP benefits can be used. North Dakota says milk, unsweetened beverages, drinks with more than 50% juice, protein and granola bars, and baking ingredients such as sugar, flour, syrup and chocolate chips remain eligible.
Statewide effects for shoppers and retailers
The state guidance says the restriction applies to every SNAP transaction at a North Dakota retailer, even when another state issued the shopper’s benefits. It also covers online orders delivered to North Dakota addresses. If a restricted product is scanned, the payment system should reject SNAP as the funding source for that item.
Retailers face an operational transition as product systems are updated. The state’s retailer guidance describes a 90-day grace period for existing SNAP-authorized sellers, with warning letters used to address early noncompliance.
The comment period gives participants, grocers, health advocates and other residents a formal route to raise questions about definitions, checkout technology, customer notice and implementation before the scheduled start. North Dakota Monitor highlighted the opportunity Saturday, while the federal notice makes clear that submissions must arrive by Oct. 15.
The immediate practical deadlines are therefore separate: public comments close in less than two weeks, and the revised purchase rules are scheduled to reach North Dakota checkouts 17 days later.
