North Dakota Delays Implementation of New SNAP Restrictions

North Dakota has postponed the implementation of new restrictions on what Supplemental Nutrition Assistance Program (SNAP) participants are allowed to purchase. Originally set for Sept. 1, the North Dakota Health and Human Services (HHS) Department announced on Aug. 27 that the state had requested a delay until Nov. 1. The decision was made in collaboration with the U.S. Food and Nutrition Administration (FNA).

SNAP is a federally funded USDA program created to assist low-income populations in being able to afford and purchase food. The program was known previously as the Food Stamp Program and is run by the USDA’s Food and Nutrition Administration (FNA). As of May 2026, 36.6 million Americans were enrolled in SNAP while grocery prices have risen 31.9% nationwide since January 2020.

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Come November, the restrictions will ban SNAP users from purchasing sweetened beverages, energy drinks and candy with their Electronic Benefits Transfer (EBT) cards in North Dakota. The goal of these changes is intended to promote healthier eating and food selection among low-income populations.

These new restrictions prevent the purchase of sweetened beverages that contain five or more grams of added sugar, have artificial sweeteners and contain less than 50% vegetable or fruit juice.

SNAP participants will no longer be authorized to purchase drinks containing 65 or more milligrams of caffeine per eight ounces. Additionally, energy drinks containing stimulants, such as fortified caffeine, guarana, glucuronolactone, ginseng or taurine are barred from purchase.

Any product marketed or sold as candy, including candy bars, chocolate bars, caramels, licorice, taffy, gummies or items covered in chocolate and candy coatings are also restricted. The restrictions also prohibit sports and electrolyte drinks, electrolyte tablets or powders, and any drink containing added sugars such as many bottled coffee drinks and juices.

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These new USDA-regulated and approved restrictions have been met with controversy nationwide. A federal court ruling on June 22 found that the USDA exceeded its authority and restricted too heavily. Five states — Colorado, Iowa, Tennessee, West Virginia and Nebraska — have delayed or reversed the restrictions since then.

U.S. District Judge Amy Berman Jackson sided with plaintiffs who argued the rules impaired their access to food and posed risks for individuals with medical conditions. One of the plaintiffs, a person with diabetes, argued that sweetened beverages are the best way of countering dangerous drops in blood sugar. Additionally, the restrictions pose potential threats to those with kidney disease, allergies or avoidant/restrictive food intake disorder (ARFID), which all limit which foods are safe to consume.

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Rebecca Askins, economic assistance director for Health and Human Services, explained her reasoning behind HHS’s decision to delay implementation by two months:strong“This pause provides an opportunity for our federal partners and retailers to continue to prepare and for SNAP households to become more familiar with the changes to items that can be purchased with an EBT card. The new timeframe also allows HHS to expand support for this initiative.”

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While the rules aim to reduce sugar consumption and promote healthier eating, dietitians warn that the policies may not improve overall dietary health and could even harm vulnerable populations.

Rachel Villarreal, chair of the Department of Nutrition and Dietetics at the University of Texas Rio Grande Valley, said that even though reducing sugar intake is a valid public health goal, restricting SNAP purchases alone will not address the cause of poor nutrition practices.

“Sugar-sweetened beverages are not good for us, and we do have a problem with consuming too much as a society,” Villarreal said. “When you restrict a population that is already low income, it can feel stigmatizing, like they’re being punished.” She added: “Food prices are high, and not everyone has access to fresh options. If people only have access to convenience stores, they’re not going to find fresh fruits and vegetables.”

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On the surface, taking away less nutritious items may benefit the health of many SNAP households. However, medical needs, limited food access and affordability appear as consistent disadvantages of the current SNAP regulations. It’s unclear whether more states will follow suit in reversing or modifying the restrictions following the June court ruling.

For now, North Dakota will implement the new rules on Nov. 1.