North Dakota residents in Burleigh and Morton counties and across the state now have an opportunity to comment on planned changes to what can be purchased with federal food assistance benefits. The public comment period for North Dakota's Healthy Choice Waiver, which seeks to bar the use of Supplemental Nutrition Assistance Program (SNAP) benefits for most candies, energy drinks, and sweetened beverages, opened September 15 and will close October 15. Comments can be submitted through the Federal Register website.
The waiver, applied for in 2025, was initially expected to take effect on September 1 but was postponed to November 1. Federal officials requested the delay in an August 25 letter, seeking additional time to post a public notice about the waiver and assess incoming comments. Rebecca Askins, director of the Economic Assistance section of the North Dakota Department of Health and Human Services (HHS), indicated that this request was likely connected to a recent federal court case challenging similar waivers in five other states. Askins stated that the suit "is, in essence, requiring" the waiver to go through the Federal Register process.
The public notice issued by the Food and Nutrition Administration, which oversees SNAP, invites anyone, including stakeholders and the general public, to share their thoughts on the waiver. The administration expressed particular interest in comments regarding the state’s implementation and operation of the demonstration project. However, Askins noted uncertainty regarding whether these comments could lead to changes in North Dakota's program, given that the state has already invested time and resources in preparing to implement the waiver in its current form, which was approved by the USDA at the end of 2025.
As of Thursday, four comments have been submitted. One comment was in favor of the waiver, while three expressed opposition. A supporter praised the waiver as a "great first step," stating public funding should not enable "bad habits." Conversely, another commenter, identifying as a diabetic, shared concerns about needing "a fast-acting source of carbohydrate immediately" during low blood sugar episodes, highlighting the importance of multiple options for SNAP recipients.
Local grocers in Bismarck and Mandan, and across North Dakota, are preparing for these new restrictions. A spokesperson from the U.S. Department of Agriculture (USDA) confirmed that despite the delay, a 90-day grace period will begin November 1. During this period, retailers will not face disciplinary action for failing to update their systems to comply with the new rules. Askins had previously expressed confidence that most, if not all, retailers would be in compliance within 90 days, even without the postponement.
John Dyste, president of the North Dakota Grocers Association, expressed hope that retailers would be able to make the necessary changes before the grace period ends, but acknowledged that the process has been difficult for many. Dyste explained that implementing the program is "not a simple process," as it involves reclassifying entire categories of food previously considered SNAP-eligible. He noted that the changes are not always intuitive, offering the example that mini marshmallows would remain eligible, but large and colored marshmallows would not.
To assist retailers, the state commissioned a research firm to compile a list of items that would no longer be eligible for SNAP purchases. This list reportedly includes barcodes for approximately 23,000 items. However, Dyste said that many of these barcodes do not match retailers’ existing codes for the same products, and the list does not account for grocers’ house brands. This means retailers still face the challenge of interpreting the new restrictions for their specific inventory. Askins confirmed that 106 retailers, representing about 65% of SNAP retailers in the state, have requested this list, which is confidential and only available upon request.
Concerns have also been raised regarding support for retailers. Dyste stated that some grocers seeking guidance from the state's SNAP program have been told to "figure it out on your own" or contact their point-of-sale (POS) provider, a service that often incurs costs. Although HHS hosted webinars over the summer to explain the changes, a question about financial support for system updates was met with an official initially stating the department was pursuing funding, followed by another official advising grocers not to rely on additional financial aid given the then-approaching deadline. While an August 27 news release from Askins announced that the new timeframe allows HHS to "expand support for this initiative," Askins clarified that this support does not include financial aid for retailers. The department is exploring additional webinars before November, and Askins does not anticipate these efforts or other changes to increase the waiver's initially projected implementation cost of $3.5 million to $4 million.
