Plans to restrict the items that Supplemental Nutrition Assistance Program (SNAP) recipients can buy have been postponed in South Carolina and North Dakota. This decision follows a federal court ruling that invalidated similar policies in other states.
Federal Ruling Impacts State Plans
South Carolina’s Healthy Food SC initiative and North Dakota’s Healthy Choice Waiver were originally set to begin on the first of September. However, they will now be postponed until November 1. The U.S. Department of Agriculture (USDA) directed this delay to allow time for responding to the court decision.
SNAP benefits assist millions of low-income households with purchasing groceries. Since the start of the second Trump administration in January 2025, some states have requested waivers to restrict buying unhealthy food and drinks with these benefits. The USDA approved South Carolina’s and North Dakota’s proposals in December 2025.
Court Decision Leads to Review Process
In a letter dated August 25, the USDA’s Food and Nutrition Administration (FNA) informed South Carolina’s Department of Social Services that they were reviewing a court order affecting similar policies in Colorado, Iowa, Nebraska, Tennessee, and West Virginia. A USDA spokesperson declined to comment on pending litigation matters.
The USDA plans to publish a notice in the Federal Register and gather public comments before implementing South Carolina’s waiver. North Dakota received a similar letter, as confirmed by North Dakota Health and Human Services, which agreed to delay its waiver.
Current Rules and Proposed Changes
National rules permit SNAP benefits to cover items such as fruits, vegetables, meats, bread, cereals, and beverages. Purchases cannot include alcohol, tobacco, hot food, or non-food items.
North Dakota’s waiver aimed to exclude sweetened beverages, certain energy drinks, and candy. The definition included drinks with high sugar or artificial sweeteners and those with less than 50% fruit or vegetable juice. South Carolina’s waiver targeted candy and sweetened beverages but maintained eligibility for diet drinks and some milk-based drinks.
These restrictions only apply to SNAP benefits usage. Recipients can still buy these items with other payment forms.
Legal Challenges Create Delays
The changes follow the court decision in the case of Aragon v. Rollins. SNAP recipients challenged the USDA’s approval of food restriction waivers in five states. Judge Amy Berman Jackson ruled that the USDA used incorrect legal grounds to approve these waivers and failed to post notice in the Federal Register.
The court’s ruling vacated the USDA’s approvals for waivers in the five states mentioned, but did not directly affect South Carolina’s and North Dakota’s waivers.
Federal Initiative to Change SNAP Rules
The Trump administration aims to amend SNAP nutritional rules as part of its Make America Healthy Again initiative. Although 23 states received approvals, the June court decision vacated five of them. The USDA hopes to expand these restrictions nationwide.
Currently, SNAP recipients in South Carolina and North Dakota operate under existing rules, pending further review and a public notice period.
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