The U.S. Department of Transportation has stalled a proposal to ban peanuts on planes, acknowledging that such a ban would be a violation of the 2000 Appropriations Act.

In June this year, the Department had begun seeking 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 agency also requested public comments on the current practice, which allows airlines to serve peanuts without any restrictions.

However, according to the 2000 Appropriations Act, federal money cannot be used to ban peanuts or require a peanut-free buffer zone on any air carrier until at least 90 days after Congress and the Department of Transportation received a peer-reviewed scientific study demonstrating that people with peanut allergies could have a severe reaction if they were exposed to small quantities of the allergen while on a plane. Such scientific data does not currently exist.

Despite not being able to enforce a peanut ban on planes, the Department of Transportation will continue to accept public comments until August 9, 2010.

To read the response from the consumer group Food Allergy and Anaphylaxis Network (FAAN) to the three proposed options, go to www.foodallergy.org