Healthy SNAP Food Restriction Demonstration Waiver
Overview
Montana's waiver allows the state to restrict Supplemental Nutrition Assistance Program (SNAP) purchases of certain items as part of a demonstration project. The demonstration applies statewide and is intended to test whether the change supports healthier purchasing patterns among SNAP households.
Foods affected
Beginning Nov. 1, 2026, SNAP benefits may not be used to purchase the following items in Montana:
- Candy
- High-sugar beverages
- Energy drinks
- Shelf-stable prepared desserts
Some products remain eligible for SNAP purchase, including plain or naturally flavored water, artificially sweetened beverages, drinks with more than 50 percent fruit or vegetable juice, milk and milk substitutes, coffee, tea, protein bars, meal replacement bars, certain fruit snacks, and store-made bakery items.
Why Montana is doing this
Montana submitted this waiver to support healthier food choices and study the effects of restricting certain low-nutrition items. The waiver is connected to state public health goals related to obesity, type 2 diabetes, cardiovascular disease, and improved dietary quality.
The demonstration will also help the state evaluate whether purchases of fruits and vegetables increase and whether retailers expand access to non-restricted items, including in rural communities.
What this means for households and retailers
The waiver applies to all SNAP households. It also applies to all SNAP-authorized retailers in the state, including retailers that accept SNAP online.
The waiver does not change who qualifies for SNAP. It also does not change benefit amounts. Retailers will need to update point-of-sale systems to block restricted items.
Evaluation and monitoring
Montana will evaluate the demonstration over time. The state plans to review purchasing patterns, client, retailer, and stakeholder feedback, and cross-border shopping activity.
This evaluation is intended to help Montana and federal partners understand how the waiver affects food purchasing, program operations, and access.
Restricted Foods Definitions
| Type | Excluded Foods | Exceptions |
|---|---|---|
| Candy | A shelf-stable preparation of sugar, honey, or other nutritive or non-nutritive sweeteners, in combination with chocolate, fruits, nuts, or other ingredients, or flavorings, in the form of bars, drops, or pieces. Includes gelatin-based confections (gummies), licorice, hard candies, and compressed sugar pieces. | Does not include baking ingredients, fruit snacks made with real fruit and no added sugar, granola, trail mix and similar products that are substantially nut and/or real fruit based, protein bars, or meal replacement bars. |
| High-Sugar Beverages | Nonalcoholic beverages that are made with carbonated water or flat water and sweetened with more than 10 g of sugar per 8 fluid ounces. | Does not include carbonated or flat water that is plain or naturally flavored, artificially sweetened beverages, or any beverage that is greater than 50 percent vegetable or fruit juice by volume, meal replacement beverages, medical-grade electrolyte replacement beverages, milk, or milk substitute products. |
| Energy Drinks | Beverages that contain more than 6 mg of caffeine per fluid ounce, or more than 140 mg total caffeine per container, plus one or more of the following ingredients: taurine, guarana, glucuronolactone, ginseng, yerba mate, or other stimulants, including herbal stimulants. | Does not include coffee, tea, or any beverages that are substantially coffee- or tea-based (some may be restricted by High-Sugar Beverages). |
| Prepared Desserts (shelf-stable) | Prepared desserts mean processed, shelf-stable, ready-to-eat, pre-packaged sweet food intended for immediate consumption without any further preparation. This would include foods mostly made from “chemically” modified substances extracted from foods, along with additives to enhance taste, texture, appearance, and durability, with minimal whole foods. | Does not include store-made bakery items. |
Healthy SNAP Frequently Asked Questions
Product-Specific Questions, Comments and Responses
Comment
Based on our understanding of Montana’s definition, products such as baking chocolate, chocolate chips, baking candy, marshmallows (excluding candy products such as Peeps), nutritional/protein bars, and sprinkles would generally remain eligible because they are marketed and primarily intended for use as ingredients rather than as ready-to-eat candy.
Response
Correct. Baking ingredients are expressly excluded from the candy definition, as are protein bars, meal replacement bars, granola, and trail mix or similar products substantially based on nuts and/or real fruit. Baking chocolate, chocolate chips, baking candy, and sprinkles are treated as baking ingredients. Plain marshmallows sold as a baking/pantry ingredient remain eligible; confections marketed as ready-to-eat candy (e.g., Peeps) are restricted.
Additional Information
Test to apply: how the item is marketed, labeled, and merchandised. If it is sold and shelved as an ingredient for further preparation, it remains eligible. Nutritional/protein bars are eligible regardless of sugar content because they are a named exception.
Comment
Based on our understanding of Montana’s definition, products such as baking chocolate, chocolate chips, baking candy, marshmallows (excluding candy products such as Peeps), nutritional/protein bars, and sprinkles would generally remain eligible because they are marketed and primarily intended for use as ingredients rather than as ready-to-eat candy.
Response
Correct. Baking ingredients are expressly excluded from the candy definition, as are protein bars, meal replacement bars, granola, and trail mix or similar products substantially based on nuts and/or real fruit. Baking chocolate, chocolate chips, baking candy, and sprinkles are treated as baking ingredients. Plain marshmallows sold as a baking/pantry ingredient remain eligible; confections marketed as ready-to-eat candy (e.g., Peeps) are restricted.
Additional Information
Test to apply: how the item is marketed, labeled, and merchandised. If it is sold and shelved as an ingredient for further preparation, it remains eligible. Nutritional/protein bars are eligible regardless of sugar content because they are a named exception.
Comment
Additionally, we would appreciate clarification on how non-alcoholic, non-ready-to-drink cocktail mixers should be treated when they exceed the sugar threshold but require mixing or further preparation before consumption.
Response
Non-alcoholic cocktail mixers that require mixing or further preparation are still evaluated under the high-sugar beverage definition, which applies to nonalcoholic beverages made with carbonated or flat water and sweetened with more than 10 grams of sugar per 8 fluid ounces. A ready-to-pour liquid mixer that meets that threshold is restricted. Dry/powdered mixes are not beverages and remain eligible.
Additional Information
The “further preparation” concept is part of the shelf-stable prepared dessert definition, not the beverage definition, so it does not exempt liquid mixers. Concentrated syrups and drink concentrates should be evaluated as prepared per label directions.
Comment
Lastly, we would like to confirm our understanding of the sugar threshold. For beverages sold in varying container and serving sizes, should retailers calculate the sugar content proportionally to an 8-fluid-ounce serving and apply the 10-gram threshold based on that calculation?
Response
Yes. Sugar content should be normalized to an 8-fluid-ounce serving using the product’s Nutrition Facts panel, then compared to the 10-gram threshold, regardless of container or labeled serving size. Example: 12 fl oz containing 20 g sugar = 13.3 g per 8 fl oz, which is restricted.
Additional Information
Formula: (grams of sugar per labeled serving / fluid ounces per labeled serving) x 8. Use the manufacturer’s declared values; no independent testing is expected. Round to one decimal place and treat exactly 10.0 g per 8 fl oz as eligible, since the definition requires more than 10 grams.
Comment
Based on our understanding of Montana’s definition, coffee, tea and beverages that are substantially coffee- or tea-based would not be classified as Energy Drinks. However, we would appreciate clarification on how coffee- or espresso-based beverages that also contain milk or a milk substitute and added sugar should be treated.
Response
Correct, coffee, tea, and beverages substantially based on coffee or tea are excluded from the energy drink definition. However, they are still subject to the high-sugar beverage definition. A coffee- or espresso-based beverage containing milk or a milk substitute plus added sugar is restricted only if it exceeds 10 grams of total sugar per 8 fluid ounces.
Additional Information
Naturally occurring lactose in the milk component counts toward total sugars, so some sweetened dairy-based coffee drinks will exceed the threshold. Unsweetened and artificially sweetened versions remain eligible. Plain milk and milk substitutes are separately excluded.
Comment
Based on our understanding of Montana’s definition, baking mixes, seasonal baking kits, and similar products that require preparation before consumption would remain eligible because they are not ready-to-eat or intended for immediate consumption without further preparation. We also understand the store-made bakery exemption to include products baked, packaged, labeled, or merchandised through a retailer’s in-store bakery with a relatively short shelf life.
Response
Correct on both points. Baking mixes and seasonal baking kits require further preparation and therefore fall outside the shelf-stable prepared dessert definition, so they remain eligible. Store-made bakery items are expressly excluded, and we interpret that to include items baked, packaged, labeled, or merchandised through the retailer's in-store bakery, which characteristically have a short shelf life.
Additional Information
Store-made includes par-baked or thaw-and-serve products finished in the retailer's bakery department. Items received fully finished and shelf-stable from a commercial manufacturer are not store-made, even if displayed near the bakery.
Comment
Our review identified some products on the state-provided restricted product list that appear inconsistent with this interpretation, such as our Freshness Guaranteed cakes and Member’s Mark cupcakes. We wanted to flag these for your review to confirm our understanding. Specifically, should in-store bakery products with a relatively short shelf life remain eligible, while shelf-stable, highly processed, pre-packaged commercial bakery products with an extended shelf life remain
Response
Yes, that is the correct distinction. In-store bakery products with a relatively short shelf life remain eligible, while shelf-stable, pre-packaged commercial bakery products with extended shelf life are restricted. Please send UPCs for the Freshness Guaranteed cakes and Member's Mark cupcakes so we can verify department sourcing and correct any listing errors.
Additional Information
Practical indicators of a restricted item: extended ambient shelf life, sealed manufacturer packaging with a UPC applied off-site, and preservative/emulsifier-heavy ingredient statements with minimal whole foods. Items with a store-applied scale label and a short sell-by date generally remain eligible.
Comment
What is the definition of a protein bar? How would that be different from an “energy bar” or even a candy bar?
Response
Montana’s rule names protein bars and meal replacement bars as exceptions to the candy definition rather than defining them by a fixed nutrient formula. We look to the product's labeling and marketing: a protein bar is marketed primarily as a protein source, with protein prominently declared as a leading feature. “Energy bars” are treated the same way when marketed and labeled as nutrition or protein bars. A candy bar is a confection marketed as ready-to-eat candy, typically a sugar or chocolate preparation in bar form with no nutrition positioning.
Additional Information
In close cases, useful signals are protein grams per serving relative to sugar, placement in the nutrition/wellness set versus the candy aisle, and whether the label makes nutrition or performance claims. Retailers acting reasonably on label and marketing evidence will not be penalized during the grace period.
Comment
What is a “meal-replacement bar”? Does it just have to use those words on the packaging?
Response
A meal replacement bar is one marketed and labeled as a substitute for a meal, generally providing meaningful calories and a broad nutrient profile rather than only sweetness. Labeling language is the primary indicator, but the words alone are not sufficient; the product's overall composition and marketing must be consistent with meal replacement.
Additional Information
We would not treat a standard confection as exempt simply because “meal replacement” appears on the wrapper. Conversely, a product clearly positioned as nutrition or meal replacement need not use that exact phrase to qualify.
Comment
What’s the difference between an electrolyte drink and a “medical-grade electrolyte drink?”
Response
Both terms describe hydration beverages, but only medical-grade electrolyte replacement beverages are excluded from the high-sugar beverage definition. Medical-grade products are formulated and marketed for oral rehydration in a clinical or pediatric context, such as Pedialyte and similar oral rehydration solutions. General sports or performance hydration drinks are not medical-grade and are restricted only if they exceed 10 grams of sugar per 8 fluid ounces.
Additional Information
Most sports drinks fall below or near the threshold, so many remain eligible on sugar content alone. Sports drinks are separately restricted if they meet the energy drink caffeine and stimulant criteria. Zero-sugar and artificially sweetened hydration products remain eligible.
Comment
How do you define a “trail mix”?
Response
Trail mix is a shelf-stable blend substantially based on nuts, seeds, and/or real dried fruit, which may include smaller amounts of other ingredients such as chocolate or candy pieces. Products meeting that description are excluded from the candy definition and remain eligible.
Additional Information
A product loses the exception when nuts and fruit become incidental and the mix is predominantly confectionery pieces. A useful screen is whether nuts, seeds, and dried fruit appear first in the ingredient statement and make up the majority of the product by weight.
Comment
What is considered “substantially fruit or nut based?”
Response
“Substantially fruit or nut based” means nuts, seeds, and/or real fruit make up the predominant portion of the product, so that it is recognizable as a fruit and nut food rather than a confection. As a working guide, we look for those ingredients leading the ingredient statement and comprising more than half the product by weight.
Additional Information
Added sugar does not automatically remove the exception, but a product that is primarily sugar or chocolate with a minor fruit or nut inclusion is candy. Panned, coated, or yogurt/chocolate-enrobed pieces are evaluated on whether the coating or the fruit/nut center predominates.
Comment
Regarding desserts, is there a list of “chemically modified substances extracted from foods” that will cause an item to be ineligible or is that something that we have to investigate?
Response
There is no exhaustive published list, and one is not planned. The phrase describes the character of ultra-processed shelf-stable desserts rather than a defined set of substances, and it is only one element of the definition. Retailers should not be conducting ingredient-by-ingredient chemical analysis. Apply the definition as a whole: processed, shelf-stable, ready-to-eat, pre-packaged sweet food intended for immediate consumption without further preparation, with minimal whole foods.
Additional Information
Commonly seen examples include high-fructose corn syrup, modified food starch, hydrogenated or interesterified oils, mono- and diglycerides, artificial colors and flavors, and chemical preservatives. If a product meets the overall description, it is restricted; if it requires preparation or is store-made, it is not.
Comment
For high-sugar beverages, the waiver defines a restricted beverage as one sweetened with more than 10 grams of sugar per 8 fluid ounces. Does “sugar” for purposes of this definition mean total sugars or added sugars?
Response
Total sugars, as declared on the Nutrition Facts panel. The definition addresses beverages sweetened with more than 10 grams of sugar per 8 fluid ounces and is not limited to added sugars.
Additional Information
Beverages with more than 50% fruit or vegetable juice by volume, milk, milk substitutes, meal replacement beverages, and medical-grade electrolyte replacement beverages are excluded regardless of total sugar content, which addresses most naturally occurring sugar concerns.
Comment
When a product’s Nutrition Facts serving size is something other than 8 fluid ounces, are retailers expected to calculate the grams of sugar per 8 fluid ounces based on the nutrition information for each product? If not, could you clarify how retailers should make this determination?
Response
Yes. When the labeled serving size is not 8 fluid ounces, normalize using the Nutrition Facts panel: divide grams of total sugar by the serving size in fluid ounces, then multiply by 8, and compare the result to the 10-gram threshold. No laboratory testing or independent verification is expected.
Additional Information
For multi-serving containers, use the per-serving values rather than the whole container. Powdered or concentrated products are evaluated as prepared per label directions. Exactly 10.0 grams per 8 fluid ounces remains eligible because the definition requires more than 10 grams.
Comment
Could you provide any additional criteria or examples for determining what qualifies as a shelf-stable “prepared dessert”? In particular, we are trying to understand how retailers should classify products such as packaged cookies, snack cakes, pastries, and similar shelf-stable sweet foods under the current definition.
Response
Packaged cookies, snack cakes, and shelf-stable pastries are the core of the restricted category: they are processed, shelf-stable, ready-to-eat, pre-packaged sweet foods intended for immediate consumption without further preparation. Store-made bakery items are excluded, as are mixes and kits requiring preparation. Frozen desserts requiring thawing or baking and refrigerated bakery items with short shelf life are outside the shelf-stable definition.
Additional Information
Screening questions: Is it sweet and pre-packaged? Is it ambient shelf-stable with an extended shelf life? Can it be eaten as-is? Was it made off-site rather than in the store bakery? Does it expire in more than a few days? Five yes answers indicate a restricted item. Bread, rolls, tortillas, plain crackers, and other non-sweet baked goods are unaffected.
Comment
Would Marshmallows be considered a candy or a baking ingredient?
Response
It depends on how the product is presented. Plain marshmallows sold and merchandised as a baking or pantry ingredient are treated as a baking ingredient and remain eligible. Marshmallow confections marketed as ready-to-eat candy, such as Peeps or chocolate-coated marshmallow novelties, meet the candy definition and are restricted.
Additional Information
Look to labeling, marketing, and shelf placement. Baking-aisle bags of standard or mini marshmallows remain eligible; seasonal or novelty marshmallow candies in the candy set do not.
Comment
Would dried fruit with added sugar be considered a candy?
Response
Not automatically. Dried fruit is restricted only if the product has become a confection rather than a fruit product. Fruit snacks made with real fruit and no added sugar are expressly excluded, and products substantially based on real fruit remain eligible even with some added sugar. Dried fruit that is candied, chocolate-coated, or otherwise predominantly sugar or confectionery coating meets the candy definition.
Additional Information
Common eligible examples include raisins, prunes, dried cranberries and mangoes with added sugar for processing, and unsweetened dried fruit. Common restricted examples include chocolate-covered raisins, yogurt-coated fruit pieces, and candied fruit sold in the candy set.
Comment
Are sugared gum and sugar-free gum sweetened with artificial sweeteners eligible for SNAP purchase under the Healthy SNAP waiver?
Response
Sugared gum is considered a candy and is restricted. Sugar-free gum is not restricted.
Additional Information
N/A
Related Documents
- Client Notice Oct. 14, 2026 (PDF)
- Dietary Guidelines for Americans (PDF)
- Governor Letter of Support (PDF)
- Montana State Health Improvement Plan (PDF)
- Retailer Readiness Attestation Form (PDF)
- Retailer SNAP Exclusions Flyer (PDF)
- Retailer SNAP QR Cards (PDF)
- SNAP Food Restriction Demonstration Waiver Request Montana (PDF)
- SNAP Food Restriction Waivers, USDA