USDA Approves SNAP Sugary Drink Limits in Montana, North Dakota, South Carolina and Virginia
USDA approved four state projects that remove sugary drinks, and in three states candy, from SNAP purchases, effective Nov. 1, 2026.
The U.S. Department of Agriculture (USDA) has approved projects in Montana, North Dakota, South Carolina and Virginia that remove sugary drinks, and in three of the states candy, from what Supplemental Nutrition Assistance Program (SNAP) benefits can buy. All four took effect Nov. 1, 2026, according to approval notices filed with the Federal Register on Nov. 2 and scheduled for publication Nov. 3.
TLDR
- USDA’s Food and Nutrition Administration (FNA) approved the four state demonstration projects after public comment periods that closed Oct. 15.
- Each state has its own list. Virginia restricts only sweetened beverages. Montana covers high-sugar beverages, energy drinks, candy and prepared desserts.
- The four states drew 171 comments in all. FNA said most opposed the projects and that it found none of the comments significant.
- USDA’s waiver page lists 23 states with approved SNAP food restriction waivers. A federal court vacated four of those approvals in June.
What Each State Restricts
South Carolina excludes candy, energy drinks, soft drinks and sweetened beverages. The state first asked on Sept. 23, 2025, and FNA approved the request on Dec. 10, 2025. On July 23, 2026, the state asked to amend its definition of soft drink.
North Dakota excludes soft drinks, energy drinks and candy, according to the notice. USDA’s waiver page describes the first item as sweetened beverages. North Dakota applied in October 2025, revised its request that November and won initial approval on Dec. 10, 2025.
Montana excludes high-sugar beverages, energy drinks, candy and prepared desserts. It applied on or about March 31, 2026. Virginia excludes sweetened beverages. It applied on Nov. 4, 2025, and was approved on Dec. 10, 2025.
Each state had planned an earlier start, from Aug. 31 to Oct. 1, 2026. All four moved to Nov. 1 after consulting with FNA, the notices say.
What Commenters Said
South Carolina drew 47 comments, North Dakota 65, Virginia 30 and Montana 29. In each case, most commenters opposed the project. They cited possible health and nutrition effects, limits on participant choice, added burden on SNAP households, confusion for retailers and shoppers, and the way the projects will be evaluated.
Supporters said the projects advance SNAP’s nutrition goals, could improve public health and promote responsible use of taxpayer money. FNA concluded that the projects fit SNAP’s purpose of improving nutrition and address diet-related disease and obesity. It noted that SNAP benefits are supplemental, so households can still buy the excluded items with other money.
The National Picture
USDA’s food restriction waiver page, updated Oct. 30, 2026, lists 23 states. With the four new projects, 12 states now show target start dates that have passed: Indiana and Utah (Jan. 1, 2026), Idaho and Oklahoma (Feb. 15), Louisiana (Feb. 18), Texas (April 1), Florida (April 20), Arkansas (July 1), and Montana, North Dakota, South Carolina and Virginia (Nov. 1).
Seven more states have later dates. Nebraska is set for Dec. 1, 2026, and Wyoming, Kansas, Missouri, Hawaii and Ohio for February to April 2027. Nevada is listed for Feb. 1, 2028.
On June 22, 2026, the U.S. District Court for the District of Columbia ordered USDA’s approvals for Colorado, Iowa, Tennessee and West Virginia vacated in Aragon v. Rollins. Those projects may not proceed, according to USDA’s page.
Why It Matters
Twelve states now have target start dates that have passed on USDA’s page, and 10 of those lists include candy. The lists are not uniform. A drink that is excluded in Montana may still qualify in a state with a narrower definition. Beverage and candy makers, and the retailers who ring up SNAP purchases, face a different list in each state. Each state will evaluate its project, and FNA will review the results as more states line up.
Sources: Federal Register public inspection notices 2026-22387 (South Carolina), 2026-22388 (North Dakota), 2026-22389 (Montana) and 2026-22390 (Virginia); USDA Food and Nutrition Administration, SNAP Food Restriction Waivers.