Montana, ND, SC, and VA Ban Junk Food Purchases With SNAP Benefits

Montana, ND, SC, and VA Ban Junk Food Purchases With SNAP Benefits

by

Starting November 1, SNAP recipients in Montana, North Dakota, South Carolina, and Virginia will be barred from using their benefits to purchase various forms of “junk food,” including sodas and candy. These restrictions are part of a broader push by the “Make America Healthy Again” (MAHA) initiative to limit taxpayer-funded purchases of non-nutritious items.

For over 42 million people relying on the Supplemental Nutrition Assistance Program, the experience at the checkout counter is about to change. While monthly benefit amounts remain the same, the Electronic Benefit Transfer (EBT) cards will simply stop working for specific items. If a shopper scans a restricted soda or a bag of candy, the register will prompt for another form of payment, such as cash or a debit card. The program provides an average of $188 a month per person.

The specific bans by state

While the USDA has approved waivers for 23 states, the actual rules vary depending on which state line you’re standing behind. There is no single “junk food” list; instead, each state has defined its own boundaries of what constitutes a healthy choice.

Virginia is taking the narrowest approach. According to the Virginia Department of Social Services, the state is only restricting carbonated sweetened drinks—including diet and “zero” sodas—that contain 5 grams or more of added sugar per serving. Candy remains eligible for purchase in Virginia. South Carolina and North Dakota are broader, banning candy and energy drinks alongside soft drinks, though South Carolina still allows diet and zero-sugar options.

Montana has implemented restrictions on candy and high-sugar beverages (those with more than 10 grams of sugar per 8 fluid ounces), as well as energy drinks and “shelf-stable prepared desserts,” which includes packaged cookies and snack cakes. However, store-made bakery items remain eligible.

Soda shopping in a grocery store
Photo: foodworldnews.com
State Sodas/Sweetened Drinks Candy Energy Drinks Desserts/Other
Virginia Banned (if carbonated) Allowed Banned (if carbonated) Allowed
South Carolina Banned (Diet/Zero allowed) Banned Banned Allowed
North Dakota Banned (incl. tea/lemonade) Banned Banned (if ≥65mg caffeine) Allowed
Montana Banned (>10g sugar) Banned Banned Banned (Packaged/Shelf-stable)

Kennedy and Rollins promote healthier SNAP options

This shift is how we Make America Healthy Again.

“For years, SNAP has used taxpayer dollars to fund soda and candy—products that fuel America’s diabetes and chronic disease epidemics,” said HHS Secretary Kennedy in a release. Secretary Rollins

Agriculture Secretary Brooke Rollins also endorsed the waivers, stating that they “promote healthier options for families in need.”

Judge vacates approvals for five state rollouts

The rollout has faced judicial setbacks. U.S. District Judge Amy Berman Jackson vacated approvals for Colorado, Iowa, Nebraska, Tennessee, and West Virginia on June 22. The judge found the USDA used the wrong legal authority and failed to publish notice at least 30 days before projects began, ruling that the agency lacked federal authority to bar the purchase of sugary foods and drinks.

Food stamp purchase bans start november in montana north d
Photo: themoneyoverview.com

These legal issues caused timing shifts for other states. North Dakota and South Carolina were originally set to start on September 1 and August 31, respectively, but were asked by USDA acting administrator Shiela Corley to wait so the agency could weigh public comment via a Federal Register notice. Virginia’s start date also moved; after a December 10, 2025 approval and a February 25 modification, the USDA published a notice on September 15 for a 30-day public comment period.

Retailers update point-of-sale systems for SKU flagging

The real-world impact falls heavily on retailers. Every store in these four states must now update their point-of-sale systems to flag thousands of individual SKUs. John Dyste, president of the North Dakota Grocers Association, expressed frustration over the complexity of the transition, stating that whoever thought this was a “fairly simple process didn’t have a clue.”

Montana is providing retailers a 90-day grace period to fix product classification errors, meaning shoppers may encounter inconsistencies at the register during the initial rollout. It is also important to note that the rules follow the store’s location, not the user’s residency. If a South Carolina resident shops in Georgia, they follow Georgia’s rules; if they shop in North Dakota, they are subject to North Dakota’s bans. This includes online orders delivered to a North Dakota address.

This is a massive administrative undertaking for a program that cost between $101.7 billion and $102.6 billion in fiscal year 2025.

A growing map of restrictions

The November 1 start date is just the next wave. A significant number of states have already crossed the finish line, including Texas (April 1), Florida (April 20), Arkansas (July 1), Louisiana (February 18), Oklahoma (February 15), Idaho (February 15), Utah (January 1), and Indiana (January 1). Looking ahead, Wyoming, Kansas, Missouri, Ohio, and Hawaii are scheduled for 2027, with Nevada following in 2028.

The USDA continues to maintain that these waivers empower states to lead the charge in protecting public health, as detailed in the SNAP food restriction waiver tracker.

As the calendar turns to November, millions of Americans will find out exactly how “healthy” the government believes their grocery list should be.

Related reading

Read next