Starting in 2026, a growing number of states no longer let SNAP benefits pay for soda, candy and similar items. These limits come from food restriction waivers that USDA approves one state at a time. The details differ. Some states limit only soft drinks. Others add energy drinks, sweetened drinks or prepared desserts.
This page lists every state waiver on USDA’s list as of Sept 16, 2026, with its start date and the items it covers. It also explains the 5 waivers a federal court struck down. And it covers what you can still buy and how checkout works. It is part of our SNAP and EBT guides.
What SNAP could buy before the waivers
Across the country, SNAP already could not pay for alcohol, tobacco, vitamins and supplements, or hot foods ready to eat. It also could not pay for non-food items like soap and paper goods. Soft drinks and candy were allowed because federal law defines SNAP food broadly. The new waivers let states test taking certain items off that list inside their state.
States with active restrictions
These waivers were in effect as of September 2026:
| State | Start date | Items you cannot buy with SNAP |
|---|---|---|
| Indiana | Jan 1, 2026 | Soft drinks, candy |
| Utah | Jan 1, 2026 | Soft drinks |
| Idaho | Feb 15, 2026 | Soda, candy |
| Oklahoma | Feb 15, 2026 | Soft drinks, candy |
| Louisiana | Feb 18, 2026 | Soft drinks, energy drinks, candy |
| Texas | Apr 1, 2026 | Sweetened drinks, candy |
| Florida | Apr 20, 2026 | Soda, energy drinks, candy, prepared desserts |
| Arkansas | Jul 1, 2026 | Soda, fruit and vegetable drinks under 50% natural juice, energy drinks, other unhealthy drinks, candy |
| South Carolina | Aug 31, 2026 | Candy, energy drinks, soft drinks, sweetened beverages |
| North Dakota | Nov 1, 2026 (delayed from Sep 1) | Sweetened beverages, energy drinks, candy |
| Montana | Nov 1, 2026 (delayed from Sep 30) | High-sugar beverages, energy drinks, candy, prepared desserts |
Approved waivers starting later
| State | Start date | Items covered |
|---|---|---|
| Ohio | Was Oct 1, 2026; paused in Sept 2026 at USDA’s request, no new date | Sugar-sweetened beverages, fountain drinks |
| Virginia | Oct 1, 2026 | Sweetened beverages |
| Wyoming | Feb 1, 2027 | Sweetened, carbonated beverages |
| Kansas | Feb 15, 2027 | Candy, soft drinks |
| Missouri | Feb 15, 2027 | Candy, prepared desserts, certain unhealthy beverages |
| Hawaii | Apr 1, 2027 | Soft drinks |
| Nevada | Feb 1, 2028 | Candy, sugar-sweetened beverages |
Until the start date, SNAP in these states works as before. States often share exact definitions and store instructions a few months ahead.
The 5 waivers a court vacated
On June 22, 2026, the U.S. District Court for the District of Columbia struck down five approved waivers in *Aragon et al. v. Rollins et al.* So they cannot be carried out for now:
| State | What the waiver would have restricted |
|---|---|
| Colorado | Soft drinks |
| Iowa | All taxable food items under Iowa tax rules, except food-producing plants |
| Nebraska | Soda, soft drinks, energy drinks |
| Tennessee | Processed foods and beverages such as soda, energy drinks and candy |
| West Virginia | Soda |
In these states, SNAP buying rules are now the same as the national rules. That could change if the ruling is appealed or the states seek new waivers. So check your state agency’s news.
What counts as soda or candy
Each state defines the banned items in its waiver. Here are common patterns:
- Soft drinks usually means drinks, fizzy or not, with added sugar or artificial sweeteners. Several states exclude drinks with milk, milk substitutes, or more than 50% fruit or vegetable juice.
- Candy usually means sweets made with sugar or sweeteners in bars, drops or pieces. Many states borrow the sales-tax definition of candy, which leaves out items with flour. So most cookies, granola bars and snack cakes are still allowed. The exception is a state that also limits prepared desserts.
- Energy drinks most often means drinks sold for energy with added caffeine and other stimulants.
- Prepared desserts (Florida, Missouri, Montana) cover items like packaged snack cakes, cookies or pastries. It depends on the state’s definition. Florida, for example, limits shelf-stable packaged desserts but not fresh bakery items.
Some items can still be bought with SNAP in every state. They include water, plain milk, 100% juice, unsweetened coffee and tea, and fruit. Baking items such as sugar and chocolate chips are also still allowed.
State-by-state definitions: what each ban actually covers
The word “soda” means different things from state to state. Here is how the states with active waivers define the banned items. It is based on the state agency pages and the waiver papers USDA posts for each state.
Indiana (since Jan 1, 2026)
- Soft drinks: non-alcoholic drinks with natural or artificial sweeteners. Drinks with milk, soy, rice or milk substitutes are still allowed, and so are drinks sweetened only with fruit or vegetable juice.
- Candy: sugar, honey or other sweeteners combined with chocolate, fruit, nuts or other ingredients. Items that need refrigeration are not candy.
Utah (since Jan 1, 2026)
- Soft drinks only: non-alcoholic drinks made with carbonated water and sweetened with sugar or artificial sweeteners. Drinks with milk, soy, rice or milk substitutes are still allowed. So are drinks that are more than half real fruit or vegetable juice. Candy is not restricted in Utah.
Idaho (since Feb 15, 2026)
- Soda: any non-alcoholic drink with natural or artificial sweeteners. Some drinks are not included. These are drinks with milk or milk substitutes and drinks that are more than 50% fruit or vegetable juice. Powders or concentrates you mix yourself are also not included.
- Candy: sweetener combined with chocolate, fruit, nuts or other ingredients. Anything made with flour, or that needs refrigeration, is not candy.
Oklahoma (since Feb 15, 2026)
- Soft drinks: carbonated soda, energy drinks, sweetened bottled or canned tea and lemonade, and flavored sweetened water. Milk, milk substitutes, plain bottled water, 100% juice, coffee and drinks you make at home are allowed.
- Candy: chocolate bars, hard candy, gummies, caramels, taffy, licorice, mints and chewing gum. Cookies, cakes, muffins, chocolate chips and cocoa powder are allowed.
Louisiana (since Feb 18, 2026)
- Soft drinks: carbonated drinks with high fructose corn syrup or artificial sweeteners. Flavored fizzy water and drinks with milk or soy are allowed. So are drinks with 50% or more fruit or vegetable juice.
- Energy drinks: drinks with added stimulants such as caffeine, guarana or taurine. They are made to boost energy or help you stay alert.
- Candy: includes gum and mints. Protein bars, granola bars and baking items such as chocolate chips and sprinkles are allowed.
- Louisiana’s waiver runs through January 12, 2028.
Texas (since Apr 1, 2026)
- Sweetened drinks: any drink with 5 grams or more of added sugar, or any amount of artificial sweetener. That covers diet soda too. Drinks that are more than 50% fruit or vegetable juice are allowed. Stevia and monk fruit do not count as artificial sweeteners.
- Candy: candy bars, gum and taffy. It also covers nuts, raisins or fruit that is candied or coated in chocolate, yogurt or caramel. Dark and low-sugar chocolate are included. Cooking items like chocolate bits and sprinkles are still allowed. So are frozen treats like ice cream and ice pops.
Florida (since Apr 20, 2026)
- Soda: carbonated drinks with added sugar or artificial sweeteners, diet soda included. Sports drinks, plain sparkling water and drinks with 50% or more juice are allowed. So are drinks with under 5 grams of added sugar per serving.
- Energy drinks: 65 milligrams or more of caffeine per 8 ounces and sold to boost energy. Coffee and tea are allowed.
- Candy: chocolate, gummies, hard candy and similar bars, drops or pieces. Granola bars and toaster pastries are allowed.
- Prepared desserts: shelf-stable, pre-packaged sweets ready to eat, such as snack cakes and packaged cookies. Fresh bakery items are still allowed.
Arkansas (since Jul 1, 2026)
- Soda (including low- and no-calorie soda), fruit and vegetable drinks with less than 50% natural juice, other unhealthy drinks, and candy. USDA approved changes to Arkansas’s definitions on May 12, 2026. So check the Arkansas Department of Human Services for the current product list.
South Carolina, North Dakota and Montana
South Carolina started August 31, 2026. Its revised definition of “restricted soft drink” was approved on August 3, 2026. North Dakota and Montana both pushed their start dates back to November 1, 2026. USDA’s pages list the categories in the table above. For details on each product, use your state SNAP agency’s store or customer guides.
How it works at checkout
- Stores set up their registers to mark banned items as not allowed for SNAP in that state.
- If your cart has both, the EBT card pays for allowed items. You pay the rest with cash, a debit card or a credit card.
- If you shop in a different state, ask the store or your SNAP agency which rules apply. States set up their systems in different ways.
- WIC is a separate program and is not changed by these waivers.
- Your SNAP amount does not change. You keep the same monthly benefit. See SNAP benefit amounts.
Examples
| Shopper | Result |
|---|---|
| Texas family buys milk, bread and a 12-pack of soda | Milk and bread on EBT; soda must be paid with other money |
| Utah shopper buys a candy bar | Allowed; Utah restricts soft drinks only |
| Florida shopper buys a box of packaged cookies | Restricted as a prepared dessert under Florida’s waiver |
| Florida shopper buys a fresh bakery cake | Allowed; Florida exempts freshly prepared baked goods |
| Texas shopper buys diet soda | Restricted; Texas bans drinks with any artificial sweetener |
| Oklahoma shopper buys chocolate chips for baking | Allowed; baking ingredients are not candy |
| Colorado shopper buys soda | Allowed; Colorado’s waiver was vacated |
| Ohio shopper buys soda in October 2026 | Allowed; Ohio paused its start date while USDA takes public comments |
Can you get a free phone with food stamps?
Yes, and the food restrictions don’t change that. Anyone in a SNAP household qualifies for Lifeline, a federal program that takes up to $9.25 a month off phone or internet service. Many Lifeline companies use the discount to offer free phone service, and some give out a free phone. The same benefit can go toward home internet instead. That is how many people get low-cost internet with food stamps now. The Affordable Connectivity Program ended on June 1, 2024. You get one Lifeline benefit per household. See free phones from Lifeline providers and how to apply for Lifeline.
Frequently asked questions
Is diet soda banned with SNAP? It depends on the state. Texas, Florida, Utah, Indiana, Idaho and Louisiana define banned drinks to include artificial sweeteners. So diet soda is out there. Check your state’s definition above.
Are sports drinks and sparkling water allowed? In Florida, yes, both are listed as allowed. Plain sparkling water without sweeteners is allowed in the states above. Sweetened sports drinks may be banned in states that ban all sweetened drinks. In Texas, that means if they have 5 grams or more of added sugar.
Is this a national soda ban? No. Each state requests its own waiver. States without one follow national rules.
Do the restrictions affect who qualifies? No. The rules on who qualifies are separate. See SNAP eligibility and income limits.
Can I use SNAP at restaurants or for hot food instead? Most often no. The exception is the nine states with the Restaurant Meals Program for elderly, disabled or homeless people who get SNAP.
Where can I see the official list? USDA keeps the waiver list on its SNAP food restriction waivers page, linked below.
New to SNAP? Start with what SNAP is, what EBT is, and how to apply for SNAP. SNAP households also qualify for Lifeline. See Lifeline eligibility.
Sources: USDA: SNAP food restriction waivers (updated Sept 16, 2026), Ironton Tribune: Ohio SNAP sugary beverage ban delayed (Sept 18, 2026), USDA: SNAP eligible food items, eCFR: 7 CFR 271.2 (definition of eligible food), USDA: Indiana food restriction waiver, USDA: Utah retailer notice, USDA: Arkansas food restriction waiver, USDA: South Carolina food restriction waiver, Idaho Dept. of Health and Welfare: SNAP updates for customers, Oklahoma Human Services: Healthy Food Waiver, Louisiana Dept. of Health: SNAP food restriction waiver, Texas Tribune: Texas SNAP sweet drinks and candy rules (Mar 18, 2026), Florida DCF: Healthy SNAP for recipients.