Understanding the grocery tax by state is essential if you sell groceries, snacks, or beverages online. Sales tax laws vary widely across the U.S., and whether your food products are taxed depends on the state—and the type of food you’re selling.
Across the U.S., sales taxes on groceries vary. Some states fully exempt grocery items, while others charge full or reduced rates. As of April 2026, 13 states still impose a statewide sales tax on groceries.
This guide will walk you through different food categories and state-by-state grocery tax guidelines.
What Counts as Grocery Food?
When states talk about “groceries,” they typically refer to non-prepared food intended for home consumption. Most states now follow the Streamlined Sales Tax (SST) definitions to determine what is exempt:
- Grocery Staples: Unprepared fruits, vegetables, meats, grains, and dairy. Most states exempt these, but some exclude “luxury” items like bottled water or soda.
- Candy & Soft Drinks: Candy is a preparation of sugar, honey, or other natural or artificial sweeteners, combined with chocolate, fruits, nuts, or other ingredients or flavorings, in the form of bars, drops, or pieces. Under SST rules, if a product contains flour or requires refrigeration, it may be classified as “food” (exempt). If it is a sugar-based confection without flour, it is “candy” (taxable).
- Prepared Food: Ready for immediate consumption (hot meals, sandwiches).
- The 80/80 Rule: In states like CA and VA, if a business derives more than 80% of its revenue from food sales and more than 80% of those items are “ready-to-eat,” all items may be subject to tax.
Grocery food
Most states do not tax these items, but some still do. These are typical items found in grocery or convenience stores:
- Fruits, vegetables, meats, grains, dairy
- Canned goods, bottled water, packaged snacks
- Non-carbonated drinks, baking ingredients
Prepackaged food
Some states tax these differently from unprocessed groceries. These are processed items ready for sale but not meant for immediate consumption:
- Frozen meals
- Bottled beverages
- Packaged sandwiches or shelf-stable meals
Prepared food
Prepared food is ready for immediate consumption and includes:
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Hot meals, salads from a bar, heated sandwiches
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Items from delis, bakeries, or restaurants
Note: This guide does not cover restaurant sales tax since it’s outside the scope of grocery ecommerce.
Grocery Tax by State (2026)
The table below outlines the taxability of non-prepared grocery food by state. Most states that exempt grocery food exclude soft drinks, candy, and confections. States also charge sales tax for prepared food in restaurants and grocery stores, as it is a meal.
Of the 45 states that impose a sales tax, 13 impose a statewide sales tax on groceries.
Note: Sales tax regulations keep changing frequently. Bookmark this table to keep yourself updated about the latest developments regarding sales tax on grocery food.
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*Local taxes may still apply in many states even when groceries are exempt from state-level tax.
Key Insights: States with No Food Tax (2026)
Here are some quick takeaways from the “grocery tax by states” table.
- Arkansas and Illinois are the latest states to eliminate state-level grocery taxes (effective Jan 1, 2026), joining Kansas (2025).
- In states like Georgia, Alabama, and Colorado, even if the state rate is low or $0, local jurisdictions can add 3-5% in additional taxes.
- With recent changes, Idaho (6%) now holds the highest state-level grocery tax in the U.S.
- Many states tax snacks but exempt “food.” If your product contains flour, it is often legally “food” (exempt) rather than “candy” (taxable).
State-Specific Grocery Tax Deep Dives
California: The 80/80 Rule
In California, most groceries are exempt. However, everything that you sell becomes taxable if your business meets these criteria:- 80% of your revenue comes from food
- 80% of that food is sold in a ready-to-eat state
Illinois: The New 1% Local Mandate
While the state of Illinois officially eliminated its 1% grocery tax on January 1, 2026, it simultaneously empowered municipalities to establish their own local grocery taxes. In Chicago and most major suburbs, you will likely still see a 1% local grocery tax applied at checkout.Texas: The Snack vs. Food Distinction
Texas does not tax groceries, but it is very strict about “snack foods.” If you sell chips, popcorn, or candy in individual-sized portions (less than 6 oz), they are taxable. If you sell the “Family Size” version of the same product, it is often exempt.What This Means for Your Ecommerce/CPG Food Business
If you’re selling food, beverages, or snacks online, the rules on food tax vary wildly—and they change often. To stay compliant, you must:
- Map your products to SST codes: Ensure you aren’t charging tax on a “snack” that qualifies as “food.”
- Monitor Nexus: Selling in high-volume states like Illinois or California requires tracking local tax changes.
- Automate: Manual tracking is a recipe for an audit.
Frequently Asked Questions
1. What state has the highest tax on groceries?+
2. Is grocery food taxed in the US?+
3. Which US state has the cheapest groceries?+
TaxHero Makes Grocery Sales Tax Easy
Staying compliant with sales tax on food is complicated, but TaxHero simplifies it all for you. We help ecommerce and CPG brand sellers:
- Understand state-by-state tax rules
- Apply correct tax rates to food items
- Stay ahead of legislative changes in states
- Automate tax collection and remittance across 11,000+ jurisdictions
Navigating the grocery tax by state is essential for any online food seller in 2026. By understanding which items are taxable and in which states, you can better price your products, avoid penalties, and improve customer experience.
Book a discovery call and let our experts guide you.
