North Dakota submits proposal to ban candy, soda from food assistance
Candy and sugary drinks are displayed at a gas station in Bismarck on October 14, 2025. (Photo by Michael Achterling/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 purchase soda, energy drinks or candy.
If approved, products like chewing gum, chocolate-covered nuts, sugary cereal bars and energy shots will soon be banned 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 about 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 approximately 600 retailers receiving SNAP benefits in North Dakota to update their sales systems so that any attempt to purchase prohibited items with SNAP money would be automatically declined, according to the waiver request.
The state maintains the food ban in part to get more money of the federal government’s $50 billion Rural Health Transformation Program. While states will receive at least $500 million from this grant, federal guidance indicates they could be eligible for more if they implement certain health-related policies, including SNAP waivers.
In its request 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 carbonated beverages would include “all carbonated and non-alcoholic beverages containing water, a sweetener” and flavorings. The definition specifically excludes flavored sparkling water and powdered beverage flavors.
The exemption request defines energy drinks as drinks designed “to enhance energy, alertness or physical performance” and that contain stimulants such as “enriched caffeine, guarana, glucuronolactone or taurine”. It says sports drinks like Powerade and Gatorade do not fall into this category.
Candy is defined in the proposal as products containing “sugar, honey or other natural or artificial sweeteners in combination with chocolate, fruit, nuts or other ingredients or flavors in the form of bars, drops or pieces.” The definition excludes foods containing flour and foods that require refrigeration. It is said that honey, sugar, molasses, maple syrup and corn syrup do not count as candy by themselves.
According to the document, “chocolate-covered nuts, candy-covered nuts, honey-roasted nuts, caramel apples, trail mix with candy pieces” would all be considered candy. Sweetened flourless cereal bars and energy bars “containing an “additional information” box” would also be considered candy, he specifies.
The waiver request states that it will not cost the state of North Dakota much money to implement the dietary restrictions because most of those expenses will be borne by retailers who accept SNAP benefits.
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The North Dakota state government will soon begin contacting these businesses to notify them of the change. It will provide them with technical assistance if necessary, the proposal states.
It also says the state will take steps to ensure SNAP recipients in North Dakota are informed of the changes.
Under the proposal, approximately 83,000 North Dakotans received SNAP benefits in fiscal year 2025.
North Dakota Monitor reporter Mary Steurer can be reached at msteurer@northdakotamonitor.com.
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