Nebraska has requested federal approval to restrict SNAP purchases of soda and energy drinks starting Dec. 1, 2026, and candy starting March 1, 2027. Neither proposed date has been approved.
By Hola Nebraska
Published July 7, 2026. Updated Oct. 20, 2026.
LINCOLN, Nebraska. Nebraska is seeking federal approval to restore restrictions on soda and energy drinks purchased with Supplemental Nutrition Assistance Program (SNAP) benefits and add a new restriction on candy. The request follows a June court ruling that overturned the state’s previous authorization.
The state has proposed Dec. 1, 2026, for soda, soft drinks and energy drinks, followed by March 1, 2027, for candy.
Neither restriction has been newly authorized. The U.S. Department of Agriculture’s Food and Nutrition Administration (FNA) is reviewing Nebraska’s request and accepting public comments through Nov. 2, 2026.
The new proposal does not change SNAP eligibility or the amount of food assistance households receive. It concerns which products could be purchased with those benefits if federal approval is granted.
Nebraska proposes new SNAP restrictions for December 2026 and March 2027
Nebraska submitted its new request on Sept. 1, 2026, seeking permission to change which foods can be purchased through SNAP.
The proposed schedule has two phases:
| Proposed date | Products affected | Status as of Oct. 20 |
|---|---|---|
| Dec. 1, 2026 | Soda, soft drinks and energy drinks | Federal approval pending |
| March 1, 2027 | Candy, in addition to the beverages listed above | Federal approval pending |
The Oct. 2 Federal Register notice formally opened the proposal for public comment.
FNA may approve or reject the request after reviewing the comments. Any approval must be issued through a separate Federal Register notice at least 10 days before the proposed implementation date.
The dates requested by Nebraska are therefore not confirmed start dates. Federal authorization is still required before the new restrictions can take effect.
A federal court overturned Nebraska’s previous SNAP waiver on June 22
Nebraska originally received federal permission in May 2025 to restrict certain beverage purchases through SNAP. Its restriction on soda and energy drinks took effect Jan. 1, 2026.
A later phase of that earlier plan would have added candy beginning Nov. 1, 2026.
On June 22, the U.S. District Court for the District of Columbia vacated the federal approval in Aragon v. Rollins. The ruling also affected waiver approvals for four other states.
The court’s action meant Nebraska could not continue implementing its previously approved restrictions under that authorization.
On July 2, the Nebraska Department of Health and Human Services (DHHS) announced that it was working with SNAP retailers to remove the restrictions on soda and energy drinks.
DHHS warned that many stores would need time to update their checkout systems. The agency did not establish a single date by which every retailer would complete those changes.
The July 2 DHHS announcement remains the state’s published explanation of how retailers began responding to the court decision.
Soda purchases may still differ at store checkouts
The June ruling canceled the earlier federal authorization, but changes at individual stores depend on how their payment systems have been updated.
DHHS previously warned that retailers would not necessarily remove the restrictions at the same time.
As of Oct. 20, the state has not published a confirmed completion date for all retailer checkout updates.
The pending federal request does not reinstate the restrictions that the court overturned. A new federal decision is required.
The state’s SNAP page still lists dates from the previous plan
Nebraska’s Healthy Choice Waiver information contains both the June court ruling and language describing restrictions under the earlier schedule.
That older schedule included a proposed candy restriction beginning Nov. 1, 2026.
The newer federal request, published for comment in October, instead proposes March 1, 2027, for candy and Dec. 1, 2026, for beverages.
The November 2026 date belongs to the previous authorization that was overturned. It should not be treated as the effective date of Nebraska’s new proposal.
FNA’s Nebraska waiver record continues to identify the new request as awaiting a federal response.
Federal public comments remain open through Nov. 2
The federal comment period for Nebraska’s new SNAP proposal closes Monday, Nov. 2, 2026.
FNA is requesting feedback on Nebraska’s proposed implementation and operation of the restrictions. Comments may be submitted electronically through Regulations.gov, following the instructions in the federal notice for Nebraska’s SNAP demonstration project.
Written comments become part of the public record. The federal notice states that both the content of a submission and identifying information may be made publicly available.
After the comment period, FNA must issue a separate notice stating whether it authorizes or rejects Nebraska’s proposed changes.
The proposed purchase restrictions do not change SNAP applications
SNAP provides monthly food assistance to eligible households. Approved benefits are issued through Electronic Benefit Transfer (EBT) cards for use at participating retailers.
Eligibility, applications and benefit amounts are separate from Nebraska’s pending restrictions on specific food purchases.
Related: How to apply for SNAP in Nebraska: Documents, interview and work rules.
The next confirmed deadline in Nebraska’s pending food-restriction proposal is Nov. 2, 2026, when the federal public comment period closes. The state-requested Dec. 1 and March 1 dates remain subject to a new federal decision.
Stay informed about what’s happening in your community. Your source for stories that inspire — visit HolaNebraska.org for news, culture and community updates across Nebraska.