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Beginning November 1, 2026, North Dakota SNAP retailers cannot accept SNAP EBT payments for sweetened beverages, energy drinks, and candy.
Sweetened drinks or beverages that contain:
- Five (5) 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 (8) fluid 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, and 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
You will need to comply with these changes. If you do not comply, FNA may withdraw your SNAP authorization, and you will no longer be able to accept SNAP EBT.
For more information on North Dakota’s SNAP Healthy Choice Waiver, visit North Dakota's Healthy Choice website. If you have questions, please contact the North Dakota Health and Human Services.
To learn more, please review the North Dakota SNAP Food Restriction Waiver. For a complete list of states implementing similar changes, visit USDA's SNAP Food Restriction Waivers website.
For more information visit USDA’s FNA SNAP Retailer website.
Guidance documents lack the force and effect of law, unless expressly authorized by statute or incorporated into a contract. USDA may not cite, use, or rely on any guidance that is not available through their guidance portal, except to establish historical facts.
ND Retailer Notice
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