Please Note
This is a preview of the Federal Register Notice. This page will be updated once the notice publishes in the Federal Register.
Summary
On Sept. 15, 2026, the Food and Nutrition Administration (FNA) posted Federal Register Number 2026-18879, which invited public comment on the state of North Dakota’s Supplemental Nutrition Assistance Program (SNAP) demonstration project authorized under section 17(b) of the Food and Nutrition Act of 2008. The comment period closed Oct. 15, 2026. FNA has considered all comments received and is announcing its decision to proceed with approval of North Dakota’s request to implement its SNAP demonstration project.
Dates
The project is effective Nov. 1, 2026.
For Further Information Contact
Shiela Corley, Acting FNA Administrator, at SM.FN.RPMDHQ-WEB@usda.gov with subject line of ‘‘ND SNAP Demonstration Project’’.
Supplementary Information
Section 17(b) of the Food and Nutrition Act of 2008, 7 U.S.C. 2026(b), authorizes FNA to approve demonstration projects to test changes to the Supplemental Nutrition Assistance Program (SNAP) that may increase programmatic efficiency and improve the delivery of SNAP benefits to raise levels of nutrition among eligible households. This demonstration project is implemented by the state, and FNA will carefully review the results of the project based on the state’s evaluation data. All relevant documents, including the state’s demonstration project request(s) and FNA approval(s), can be found in the supporting document section. Additionally, to support implementation and ensure transparency, FNA created a central webpage on May 21, 2025, to post state agencies’ project requests and approvals and provide exact implementation timelines.
Discussion of the Demonstration Project
State of North Dakota Demonstration Project Request
The State of North Dakota requested to conduct a demonstration project to amend the SNAP definition of food for purchase to exclude “soft drinks”, “energy drinks”, and “candy”. The state formally requested to conduct this project on Oct. 24, 2025, and then provided a revised request on Nov. 3, 2025. On Feb. 27, 2026, the state requested to modify the initial project request to “further explain the state's restricted food and beverage items”. The state requested to implement the project on Sept. 1, 2026. Subsequently, in consultation with FNA, the state revised its planned implementation date to Nov. 1, 2026. The state's project request and the subsequent modification request can be found in the supporting document section and on the FNA website.
USDA Approval of Initial Demonstration Project Request
FNA approved the state’s initial demonstration project request on Dec. 10, 2025. The approval can be found in the supporting document section and at the North Dakota SNAP Food Restriction Waiver page.
Discussion of Public Comments
FNA received 65 comments on North Dakota’s demonstration project request. Most commenters opposed the project, citing concerns about potential health and nutrition impacts, limits on participant choice, added burden on SNAP households, retailer and consumer confusion, and the project’s evaluation measures. Supporters stated that the project advances SNAP’s nutrition objectives, could improve public health outcomes, and would promote responsible use of taxpayer-funded benefits.
FNA carefully considered all comments and determined that none of the comments received were significant. FNA has decided to allow North Dakota’s revised project request to proceed without modification, effective Nov. 1, 2026. SNAP’s statutory purpose is to improve nutrition among low-income households, and FNA believes the project is consistent with that purpose and represents an appropriate policy intervention to address diet-related disease and obesity. FNA has monitored the state’s efforts to prepare retailers and provide notice to SNAP households. FNA also notes that SNAP benefits are supplemental and do not restrict participants from purchasing excluded items with non-SNAP funds. FNA has determined that approval is authorized under section 17(b) of the Food and Nutrition Act of 2008 and that North Dakota is prepared to implement the project successfully.