Proposed Federal Peanut Ban on Planes Is Stalled
A proposed rule that might have banned peanuts on planes has been stalled following the U.S. Department of Transportation's (DOT's) acknowledgement that the ban would be a violation of a 2000 appropriations act.
On June 22, the DOT issued a clarification stating that it was unable to move forward on a proposal that might have created new protections for airline passengers who suffer from peanut allergy. Earlier in June, the agency had begun to solicit public comment on three options: a complete ban on peanuts and peanut products; banning these products whenever a peanut-allergic passenger requested a peanut-free flight in advance; or requiring a peanut-free buffer zone when a passenger with a medically documented, severe allergy requested a peanut-free flight in advance. The DOT also requested public comments on the current practice, which allows airlines to serve peanuts without any restrictions.
According to the 2000 appropriations act, no federal money can be used to ban peanuts or require a peanut-free buffer zone in any air carrier until at least 90 days after Congress and the DOT receive a peer-reviewed scientific study demonstrating that people with peanut allergies can have a severe reaction if they are exposed to small quantities of the allergen while on a plane.
The DOT will continue to accept public comments through August 9, 2010, although the agency has not announced how this information will be used in the future. To read the DOT notice and submit and/or read comments, go to http://www.regulations.gov. Check “View Results by Docket Folder” and enter keyword “DOT-OST-2010-0140."