Candy and sugary drinks are displayed at a gas station in Bismarck on Oct. 14, 2025. (Photo by Michael Achterling/North Dakota Monitor)
By: Michael Achterling and Mary Steurer
BISMARCK, N.D. (North Dakota Monitor) – Some foods such as soda and candy may soon be prohibited purchases in North Dakota through the Supplemental Nutrition Assistance Program, officials said Tuesday.
The North Dakota Department of Health and Human Services plans to seek permission from the federal government to prohibit certain foods from being purchased with SNAP benefits. The proposal was mentioned Tuesday to a legislative committee but details are still being developed.
The move is part of an effort to secure more federal funding through the $50 billion Rural Health Transformation Program. While states are guaranteed at least $500 million from the program, they can get more money if they enact certain policies the federal government favors.
States with pending or approved SNAP waivers that limit non-nutritious food purchases will be considered more competitive applicants, Sarah Aker, executive director of medical services for the North Dakota Department of Health and Human Services, told lawmakers.
The agency plans to apply for the waiver from the U.S. Department of Agriculture ahead of the Nov. 5 application deadline for the rural health funding.
“We’re working out the definitions so that the retail community can have a smooth transition, but we’re eliminating things that cause chronic disease, so candy and soda,” said Pat Traynor, interim Health and Human Services commissioner.
Traynor said the earliest the changes could affect North Dakota SNAP recipients is next year, and the new changes would take months to implement.
North Dakota had about 57,000 SNAP recipients in May, according to USDA data.
At least 12 states have received federal approval to restrict SNAP recipients from using their benefits to buy foods such as soda and candy, Stateline reported. Some states have restricted only soda, while others have included energy drinks, prepared desserts and other sugary drinks. The trend is related to U.S. Health and Human Services Secretary Robert F. Kennedy Jr.’s push to “make America healthy again.”
Sen. Jeff Magrum, R-Hazelton, remarked during Tuesday’s legislative committee meeting that the government’s definition of what food is and isn’t healthy seems to differ over time.
“What if they ever classified beef as non-nutritious, or something to that effect?” he asked. “When they base the money on non-nutritious, that’s kind of a moving target.”
Aker said the state has control over how it defines non-nutritious food under the waiver.
Emily O’Brien, deputy commissioner for Health and Human Services, said the department is still working out which soda and candy products will be included in the waiver.
“We’re fine-tuning what the definitions look like,” O’Brien said. “We want to have buy-in, too, from our partners on implementation.”
John Dyste, president of the North Dakota Grocers Association, said he’s been in contact with state officials about the SNAP waiver and plans to meet with the department.
Dyste said he does not think prohibiting candy and soda from SNAP purchases would be difficult for grocery stores to implement, though may be more challenging for smaller stores without a point-of-sale system.
Senate Minority Leader Kathy Hogan, D-Fargo, said eliminating soda and candy from the SNAP program is a “fine idea,” and hoped it would give North Dakota’s application for the Rural Health Transformation Program a boost.
She also said she wants to be certain the state’s rural grocery stores are able to make the changes effectively without burdening their businesses.
“If the points of sale all have to be changed and it’s going to change the operations of the benefits, then they’ll get pushback for doing it,” Hogan said.
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