Which states ban soda and candy on SNAP, and when the new rules start

Eighteen states now have federal approval to stop people from using SNAP benefits on soda, candy, or other sugary items, according to the U.S. Department of Agriculture's waiver tracker, last updated October 13. Eight states had target start dates earlier this year. Ten more are scheduled to start between November 2026 and February 2028.

The rules follow the store, not the shopper. Each retailer has to update its own checkout system to block restricted items, Nebraska's health department explained when that state went first. So the rules that apply are the ones in the state where you shop.

These states had target start dates that have already passed, according to USDA:

These are approved and haven't started yet:

Those are target dates, so check with your state agency for the exact start. Shoppers in Cleveland and the rest of Ohio, for example, have until April 2027. In Las Vegas and the rest of Nevada, it's 2028.

Five states had approvals thrown out. A federal judge vacated the waivers for Colorado, Iowa, Nebraska, Tennessee, and West Virginia on June 22, 2026, and ordered that they not go forward. "But what they cannot do is violate the law and their own regulations along the way," U.S. District Judge Amy Berman Jackson said, FoodNavigator-USA reported. Nebraska, the first state to start its ban in January, had to roll it back. It filed a new request on September 1, and USDA is taking public comments through November 2.

The definitions matter. In Indiana, the soda restriction covers diet and regular, and Gatorade and other sports drinks aren't allowed, but Pedialyte is, the state says. Indiana's sugary-drink definition doesn't include drinks made with milk or milk substitutes, or drinks sweetened only with fruit or vegetable juice. Candy there means sweets in the form of bars, drops, or pieces, but not anything that has to be refrigerated. Since January, Indiana shoppers haven't been able to buy gum or mints with SNAP, while potato chips and ice cream are still allowed, the Indiana Capital Chronicle reported.

Retailers face penalties if they don't comply. Under USDA's enforcement rules, a first offense brings a warning letter, and a second can cost a store its ability to take SNAP, the Chronicle reported.

Supporters frame it as a health measure. "For years, SNAP has used taxpayer dollars to fund soda and candy," said Health and Human Services Secretary Robert F. Kennedy Jr., calling them "products that fuel America's diabetes and chronic disease epidemics." Grocers have pushed back on the cost. The National Grocers Association warned that "tens of thousands, if not hundreds of thousands, of food items will be placed on SNAP restricted lists," forcing independent grocers to take on significant costs.

The food rules aren't the only SNAP change this year. Under the 2025 federal budget law, work requirements now reach older adults. The age exemption now covers people under 18 or over 65, and the exemption for parents covers those responsible for a child under 14. Benefits are adjusted once a year, each October. For October 2026 through September 2027, the maximum monthly benefit for a family of four is $1,023 in the 48 contiguous states and Washington, D.C. And starting in fiscal 2028, states with payment error rates of 6% or higher will have to pay part of the cost of benefits.

Fewer people are getting help. About 36.1 million people received SNAP in July 2026, according to preliminary USDA figures, down from an average of 42.1 million in fiscal 2025.

Sources

• USDA: SNAP food restriction waivers
• USDA: Nebraska food restriction waiver
• USDA: Nebraska waiver comment notice
• Nebraska DHHS: Healthy Choices waiver
• Indiana FSSA: Smart SNAP retailers
• Indiana FSSA: Sugary drinks definition
• Indiana FSSA: Candy definition
• USDA: Kennedy statement on SNAP waivers
• National Grocers Association: Statement on SNAP waivers
• FoodNavigator-USA: Court ruling halts SNAP food restriction pilots in five states
• Indiana Capital Chronicle: SNAP retailers, shoppers pan Indiana ban
• KOLN: Nebraska moving to lift SNAP restrictions after court ruling
• Public Law 119-21
• USDA: SNAP cost-of-living adjustments
• USDA: SNAP monthly participation data