December 10, 2025
Governor of North Dakota
Office of Governor
600 East Boulevard Avenue
Bismarck, ND 58505
North Dakota Department of Health and Human Services
State Capitol, Judicial Wing
600 East Boulevard, Department 325
Bismarck, ND 58505
Dear Governor Armstrong:
The Food and Nutrition Service (FNS) is pleased to approve the North Dakota Department of Human Services' request to operate a novel demonstration project to amend the statutory definition of food for purchase by Supplemental Nutrition Assistance Program (SNAP) recipients. The North Dakota state agency has requested to amend the SNAP definition of food for purchase to exclude soft drinks, energy drinks, and candy. The state agency requested this waiver on Oct. 24, 2025, then provided a revised request on Nov. 3, 2025. This approval, subject to the enclosed terms and conditions, is for two years, effective Sept. 1, 2026.
Due to the novel design of the project, FNS is committed to carefully and comprehensively evaluating how waiving the state's definition of food in this way impacts SNAP participants and retailers. FNS will carefully review the results of the project, based on the evaluation data provided by the state and other available information.
FNS will continue to collaborate with the state, and any potential evaluation contractor to finalize data collection points, define key metrics, and outline any necessary data analysis for the quarterly evaluation reports, as well as finalize key implementation parameters such as a threshold standard for participating retailers.
Please submit written acceptance of this approval and the terms and conditions signed by the appropriate state official. Attach this acceptance letter to a chatter post in WIMS case# 00013455. Please tag the relevant regional and national staff listed in the WIMS case team using the @ sign when uploading this document.
FNS appreciates the state's willingness to test innovative approaches to support healthy choices, and healthy outcomes to best serve SNAP participants. FNS is committed to working with the state to obtain robust data to inform ways to improve nutrition assistance programs .
Sincerely,
Brooke L. Rollins
Secretary
U.S. Department of Agriculture