SNAP Healthy Choice Waiver

page description

A1: The United States Department of Agriculture (USDA) Food and Nutrition Services (FNS) approved Nebraska's waiver to improve healthy food choices within the Supplemental Nutrition Assistance Program (SNAP) by eliminating the purchases of soft drinks and energy drinks from SNAP purchases. 

A2: Soft drinks or soda and energy drinks will no longer be an allowable purchase using SNAP. Below are the definitions for both:  

• Soda or soft drinks:
• Any carbonated non-alcoholic beverage that contains water, a sweetening agent (including, but not limited to, sugar, high-fructose corn syrup, or artificial sweeteners), flavoring, and carbon dioxide gas to create carbonation.
• Energy drinks:
• Carbonated or non-carbonated beverages containing a stimulant such as fortified caffeine, guarana, glucuronolactone, or taurine. They may also include herbal extracts such as ginseng, mineral salts, and vitamins, or high doses of organic acids, amino acids, inositol, sugars, or other similar compounds in addition to sweeteners. Juices, natural fruit pulp, or concentrates may also be added. Energy drinks are specifically formulated to enhance energy, alertness, or physical performance.

For this definition, soft and energy drinks are beverages intended for human consumption and available in various flavors, formulations, and packaging.

• Beverages marketed primarily as sports drinks to increase hydration, such as Gatorade, or medically necessary nutritional products that do not contain stimulants, as defined.
• Beverages that contain milk or milk products; soy, rice, or similar milk substitutes; mineral water sold in containers; and specialty foods that are liquids or that are to be added to a liquid and that are intended to be a substitute in the diet for more commonly used food items that do not contain carbonation or stimulants as described in restricted items. This can include, but is not limited to, infant formula or meal replacement shakes.
• Coffee and tea with no added caffeine or sweeteners and derived directly and solely from the brewing of tea leaves or coffee beans and water. 
  

A4: The restrictions will go live on January 1, 2026. ​

A5: The restriction will be done at the retailer level, and each retailer will be responsible for updating their systems to indicate the newly restricted items.     

A6: The restrictions on soda and energy drinks are specific to Nebraska. If an individual from another state is in Nebraska, they would not be allowed to purchase soda and energy drinks with SNAP benefits at a Nebraska SNAP retailer.  

A7: The restrictions are Nebraska retailer-specific. Depending on those states' restrictions, a Nebraska EBT card could be used in other states to purchase soda and energy drinks. If a Nebraska SNAP recipient purchases items in another state, that state's purchase restrictions may apply to the purchase. Please refer to any state's SNAP website if you will be traveling for additional information about SNAP purchase restrictions in place.  

A8: Kansas SNAP recipients would not be able to purchase soda and energy drinks from a Nebraska SNAP retailer, as those purchases are restricted in Nebraska.  

A9: No, there are no changes to SNAP eligibility. The changes will only impact what can be purchased with SNAP benefits.