Two states that were supposed to start restricting soda and candy purchases under SNAP this month are not doing so on schedule. The U.S. Department of Agriculture has directed South Carolina and North Dakota to delay their approved food-restriction waivers to November 1, 2026, pushing back start dates that had been set for August 31 and September 1. The change means neither state’s restriction took effect when it was originally supposed to, and any report describing these bans as already underway is describing something that has not happened.
What South Carolina and North Dakota’s Waivers Would Restrict
Both states had won USDA approval to narrow what SNAP benefits can buy at the register, though the two waivers are not identical. South Carolina’s approved waiver, run through its SC Healthy Food Choice Project, would restrict the purchase of candy, energy drinks, soft drinks and sweetened beverages. North Dakota’s waiver, administered as its Healthy Choice Waiver, would restrict sweetened beverages, energy drinks and candy. Both were originally cleared to begin in the window between late August and early September.
That original schedule is still what USDA has published, even though it is no longer the operative plan. The USDA Food and Nutrition Administration’s own waiver tracking page, as of its most recent update, still lists South Carolina’s target date as August 31, 2026, and North Dakota’s as September 1, 2026, with no delay yet reflected in the table itself — a sign of how recently the postponement was directed.
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Why USDA Ordered the Postponement
The delay is tied directly to the broader legal fight over similar SNAP waivers in other states. According to a National Law Review analysis of the litigation published September 9, 2026, USDA asked South Carolina and North Dakota to hold off on implementation until November 1 so the agency can publish federal register notices addressing the waivers and take public comment before either restriction goes live. That process runs in parallel with USDA’s pending appeal of a separate June court ruling that vacated similar waivers in five other states for exceeding the agency’s legal authority — a case that has not been decided and gives USDA reason to slow down implementation elsewhere while the legal questions it raised are still open.
The Original Dates Did Not Hold
It is worth stating plainly because it corrects the record: South Carolina’s restriction was not in effect on August 31, and North Dakota’s was not in effect on September 1. Any headline or notice describing either state’s soda-and-candy limits as already active as of those dates reflects the originally approved target date rather than what USDA actually allowed to happen. Retailers and SNAP recipients in both states should continue operating as if the restrictions are not yet in force, since neither state’s waiver has an effective start date earlier than November 1 under USDA’s current instruction.
What Could Still Change Before November 1
A postponement is not a promise. USDA’s own notice-and-comment process, along with the unresolved appeal over the five vacated waivers, means the November 1 date is USDA’s current target rather than a locked-in outcome. If the federal register notice process surfaces objections, or if the D.C. Circuit’s handling of the related appeal shifts USDA’s approach to food-restriction waivers generally, South Carolina and North Dakota’s timelines could move again. For now, the only confirmed fact is that neither state’s soda-and-candy restriction started on its original date, and USDA has set November 1 as the next target while it works through the administrative steps it says the delay is for.
How South Carolina and North Dakota’s Waivers Compare to the Ones Already Blocked
The delay ordered for South Carolina and North Dakota is a different action than the vacatur a federal judge issued against five other states’ waivers in June. Colorado, Iowa, Nebraska, Tennessee and West Virginia had their waivers thrown out entirely by a court that found USDA lacked the legal authority to approve them, and USDA is now appealing that ruling separately. South Carolina and North Dakota, by contrast, still have USDA-approved waivers on the books; nothing has been vacated by a court, and no litigation names either state directly. USDA’s own choice to delay their start dates while it runs a federal register notice-and-comment process reads as a more cautious posture toward implementation generally, likely shaped by the same legal questions raised in the pending appeal, rather than an admission that either state’s waiver has a problem specific to it.
Why the Timing Matters for Shoppers
For SNAP recipients in South Carolina and North Dakota, the delay means budgeting and shopping habits do not need to change yet. A household that planned around losing the ability to buy candy, energy drinks or sweetened beverages with benefits starting in late August or early September can continue purchasing those items under the current rules through at least the end of October. Retailers in both states, who would otherwise have needed to update point-of-sale systems and train staff on the new restrictions by the original dates, now have roughly two extra months before any changeover is required, assuming the November 1 target holds. USDA’s own waiver tracking page has not yet been updated past the original August 31 and September 1 dates even as the November 1 delay is reported, which is itself the clearest evidence that neither shoppers nor retailers in South Carolina or North Dakota should treat November 1 as locked in until USDA’s federal register notices are actually published.
This article was produced with the assistance of AI and reviewed by The Financial Wire editorial team.
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Warren Cohen is a finance writer based in Phoenix, Arizona, covering personal finance topics including credit, banking, and beginner investing. He earned his degree in business administration from Arizona State University and began his career working in consumer finance, where he gained direct experience with lending and credit systems. He now writes for personal finance websites and fintech platforms, focusing on clear, practical content that helps readers make informed financial decisions.
