Federal SNAP rules still allow soda and candy, but that is changing state by state. Under waivers the USDA began approving in 2025, at least 19 states will block SNAP purchases of sugary drinks, candy, or certain desserts by the end of 2026, with more expected after that.1Food and Nutrition Service. SNAP Food Restriction Waivers Whether SNAP bans on soda and candy apply to you depends entirely on where you live and, once a waiver is active, on how your state defines the restricted items.
Where SNAP Restrictions Take Effect in 2026
Each state waiver has its own start date. If your state is on this list, your EBT card will be declined at the register for restricted items beginning on the date shown, the same way it is declined for alcohol or tobacco.1Food and Nutrition Service. SNAP Food Restriction Waivers
- Indiana, Iowa, Nebraska, Utah, West Virginia: January 1, 2026
- Idaho, Oklahoma: February 15, 2026
- Louisiana: February 18, 2026
- Texas: April 1, 2026
- Florida: April 20, 2026
- Colorado: April 30, 2026
- Arkansas: July 1, 2026
- Tennessee: July 31, 2026
- Hawaii: August 1, 2026
- South Carolina: August 31, 2026
- North Dakota, Missouri, Ohio, Virginia: October 1, 2026
Kansas and Nevada also have approved waivers, but they are not scheduled to start until 2027 and 2028. Additional states can submit waivers at any time, so the list may grow. In every state not shown above, SNAP still covers soda and candy under the baseline federal rules.
How States Decide What Counts as Soda or Candy
The USDA does not impose a single national definition. Each state writes its own, and the scope varies widely.1Food and Nutrition Service. SNAP Food Restriction Waivers
Some states stayed narrow. Colorado and Hawaii restrict only soft drinks. West Virginia restricts only soda. Others went much wider. Florida restricts soda, energy drinks, candy, and prepared desserts. Iowa restricts everything its state tax code treats as taxable food, which sweeps in a broad range of processed snacks and sweetened products.
Texas shows how technical these rules get. A “sweetened drink” under the Texas waiver is any nonalcoholic beverage made with water that contains five or more grams of added sugar or any amount of artificial sweetener. Drinks with milk, milk substitutes, or more than 50 percent fruit or vegetable juice are excluded. “Candy” covers confections made with natural or artificial sweeteners, including candy bars, taffy, and chocolate-coated nuts or fruit, but not baking ingredients like chocolate chips or cake sprinkles.2Food and Nutrition Service. Texas SNAP Food Restriction Waiver Approval
Don’t assume the rules in one state carry over to the next. Your state SNAP agency should publish the specific product categories and thresholds that apply at checkout.
What SNAP Still Covers, Even in Waiver States
The core of SNAP eligibility hasn’t changed. In every state, benefits still cover:
- Fruits and vegetables
- Meat, poultry, and fish
- Dairy products
- Breads and cereals
- Seeds and plants that produce food for your household
- Snack foods not named in your state’s waiver (chips, crackers, and similar items generally remain eligible)
There is no federal price cap on SNAP purchases. Steak, seafood, and organic produce are all eligible; the law draws lines by product category, not cost.3Food and Nutrition Service. What Can SNAP Buy? Seeds and starter plants for a home food garden also qualify in every state, regardless of waiver status.4Office of the Law Revision Counsel. 7 USC 2012 – Definitions
What Federal Law Says About Eligible Food
The Food and Nutrition Act of 2008 defines “food” broadly. Under 7 U.S.C. § 2012(k), it means any food or food product for home consumption, plus seeds and plants that produce food for the household.4Office of the Law Revision Counsel. 7 USC 2012 – Definitions The implementing regulation at 7 C.F.R. § 271.2 uses the same broad language, and the USDA has long read it to cover soft drinks, candy, cookies, ice cream, and snack foods.5eCFR. 7 CFR 271.2 – Definitions
The state waivers do not rewrite that definition. They operate as demonstration projects under Section 17 of the Food and Nutrition Act (7 U.S.C. § 2026), which lets the USDA authorize state-level experiments in how SNAP runs.6Food and Nutrition Service. SNAP Rule Waivers For years the USDA turned these requests down. In 2025 it reversed course and began approving them, describing the waivers as a way to test whether restricting certain items improves health outcomes.1Food and Nutrition Service. SNAP Food Restriction Waivers
Items SNAP Never Covers, Waiver or No Waiver
Some items are off-limits in every state, and the waivers don’t change that list. SNAP has never covered:
- Alcohol: beer, wine, and liquor
- Tobacco: cigarettes and all tobacco products
- Hot foods sold ready to eat
- Vitamins, medicines, and supplements (anything with a Supplement Facts label instead of a Nutrition Facts label)
- Food or drinks containing cannabis or CBD
- Live animals, except shellfish, fish removed from water, and animals slaughtered before pickup
- Nonfood items like pet food, cleaning supplies, paper products, hygiene items, and cosmetics
The supplement label rule catches people off guard. Many energy drinks and protein shakes carry a Supplement Facts panel, which makes them ineligible even though they sit on the beverage aisle.7Food and Nutrition Service. SNAP Retailer Notice – Allowable Items Check the back panel: “Nutrition Facts” means the product is treated as food; “Supplement Facts” means it is not.3Food and Nutrition Service. What Can SNAP Buy?
Are These Restrictions Permanent?
Not yet. The current waivers are time-limited demonstration projects. States have to track purchasing patterns, out-of-state transactions, retailer complaints, and participant surveys throughout the demonstration period, and they must report back to the USDA.1Food and Nutrition Service. SNAP Food Restriction Waivers If Congress finds the results persuasive, soda and candy exclusions could be written into the next Farm Bill and applied nationwide. If the data is weak or shows participants simply shifting spending, the waivers could expire without renewal.
Until then, the picture is a patchwork. In states without waivers, soda and candy remain fully eligible. In waiver states, the restrictions are real, the definitions vary, and start dates are spread across 2026. Your state SNAP office and the USDA’s waiver page at fns.usda.gov are the reliable places to confirm what is restricted where you live.