Planned restrictions on what Supplemental Nutrition Assistance Program (SNAP) recipients can buy have been delayed in two states following a federal court ruling that struck down similar policies in other states. South Carolina and North Dakota had been preparing to implement new SNAP food-purchasing restrictions around the beginning of September. Both will now wait until November 1, after the U.S.
Department of Agriculture (USDA) directed the states to postpone the changes while it responds to the court decision and goes through a public notice process. SNAP benefits are paid to millions of low- and no-income households across the U.S. to help with the cost of groceries. Several states have, since the start of the second Trump administration in January 2025, requested waivers from the USDA to place bans on the purchase of unhealthy food and drinks using benefits.
South Carolina's Healthy Food SC project had been scheduled to begin on August 31, while North Dakota's Healthy Choice Waiver was due to take effect on September 1. The USDA had approved both states' proposals in December 2025. In an August 25 letter to the South Carolina Department of Social Services, the USDA's Food and Nutrition Administration (FNA) said its Office of General Counsel and the Department of Justice were continuing to review a recent court order that vacated food-restriction waiver approvals in five other states: Colorado, Iowa, Nebraska, Tennessee and West Virginia.
A spokesperson for the USDA told Newsweek the department would not comment on matters relating to pending litigation. The agency said it would publish a notice concerning South Carolina's waiver in the Federal Register at least 30 days before implementation and asked the state to delay the project until November 1 so it could assess public comments first. North Dakota officials received a similar August 25 letter, according to the North Dakota Monitor.
Acting FNA Administrator Shiela Corley asked the state to postpone its restrictions while the USDA published a Federal Register notice and considered public feedback. North Dakota Health and Human Services confirmed that "at the direction of" the federal agency, it had requested the September 1 start date be moved to November 1. Under federal rules that generally apply across the country, SNAP benefits can currently be used for foods including fruits and vegetables, meat, dairy products, breads, cereals, snack foods and non-alcoholic beverages.
Alcohol, tobacco, hot food sold for immediate consumption and non-food products are among the items that cannot be purchased. Food-restriction waivers allow individual states to implement narrower rules by excluding additional products. North Dakota's waiver would prevent SNAP benefits from being used for sweetened beverages, certain energy drinks and candy.
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