Candy and sugary drinks are displayed at a gas station in Bismarck on Oct. 14, 2025. (Photo by Michael Achterling/North Dakota Monitor)
By: Mary Steurer
BISMARCK, N.D. (North Dakota Monitor) – North Dakota has submitted a request to the federal government to prohibit North Dakotans enrolled in the Supplemental Nutrition Assistance Program from using their benefits to buy soft drinks, energy drinks or candy.
If approved, products like chewing gum, chocolate-covered nuts, sweetened cereal bars and energy shots will soon be off-limits under the program.
The North Dakota Department of Health and Human Services submitted the waiver request to the U.S. Department of Agriculture in late October. The state wrote in the proposal that it would take roughly eight months to implement the changes.
“This waiver request addresses public health challenges across ND by aiming to improve the nutritional well-being of SNAP participants,” the North Dakota Department of Health and Human Services wrote in the document.
The new policy would require the roughly 600 retailers that take SNAP benefits in North Dakota to update their sales systems so that any attempt to purchase prohibited items with SNAP money is automatically declined, according to the waiver request.
The state is pursuing the food ban in part to secure more money from the federal government’s $50 billion Rural Health Transformation Program. While states will get at least $500 million from the grant, federal guidelines state that they could be eligible for more if they implement certain health-related policies, including SNAP waivers.
In its application for Rural Health Transformation Program money submitted earlier this week, the North Dakota Department of Health and Human Services wrote that it expects its SNAP waiver to be approved in early November.
The waiver request states that soft drinks would include “any carbonated, nonalcoholic beverages that contain water, a sweetening agent” and flavoring. The definition specifically excludes carbonated flavored water and powdered drink flavorings.
The waiver request defines energy drinks as beverages made “to enhance energy, alertness, or physical performance” that contain stimulants like “fortified caffeine, guarana, glucuronolactone or taurine.” It says sports drinks like Powerade and Gatorade don’t fall under this category.
Candy is defined in the proposal as products containing “sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces.” The definition excludes food containing flour and food that must be refrigerated. It says honey, sugar, molasses, maple syrup and corn syrup by themselves don’t count as candy.
According to the document, “chocolate covered nuts, candy coated nuts, honey roasted nuts, caramel apples, trail mix with candy pieces” would all count as candy. Sweetened cereal bars without flour and energy bars “containing a ‘supplemental facts’ box” would also be considered candy, it states.
The waiver request indicates that it won’t cost much money for the state of North Dakota to implement the food restrictions because most of those expenses will be carried by retailers that accept SNAP benefits.
The North Dakota state government will soon begin reaching out to those businesses to notify them of the change. It will provide them with technical assistance if needed, the proposal states.
It also says the state will be taking steps to ensure SNAP recipients in North Dakota are informed of the changes.
According to the proposal, about 83,000 North Dakotans received SNAP benefits during the 2025 fiscal year.
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