Peanut industry fights to stay on airline flights

By Kelly Yamanouchi and Bob Keefe

The Atlanta Journal-Constitution

Peanuts, as familiar to air travelers as tray tables and landing gear, could be grounded by the federal government. And Georgia’s peanut industry is fighting the idea.

A recent proposal from the U.S. Department of Transportation for a variety of rules affecting air travel includes plans to consider new restrictions on peanut snacks -- or even an outright ban -- to accommodate fliers with allergies.

The DOT cites the Air Carrier Access Act, which prohibits discrimination by airlines against passengers with disabilities.

The peanut industry and its backers see the potential loss of up to $20 million in annual airline sales if goobers are grounded.

"It's an issue for everybody in the state because peanuts are a big part of our economy," said Don Koehler, executive director of the Georgia Peanut Commission. "In rural South Georgia, the peanut business touches a lot of folks. . . . it reaches to the furniture stores and the car dealers and the doctors and everything else."

Georgia grows nearly half of the nation's peanuts. The Georgia Peanut Commission has set up a Facebook page called "I oppose the Peanut Ban on Airlines."

The DOT is considering banning peanuts and peanut products from being served on airline flights; banning them from flights where an allergic passenger has asked for a peanut-free flight in advance; or requiring a peanut-free buffer zone when requested in advance -- which some airlines already say they provide.

It's not a new issue. In 1998 the DOT issued guidance calling for  "peanut-free zones" on planes when allergic passengers were aboard, but Congress told the agency to refrain from further action until a scientific study was done.

Since then, peanuts have become less common on airline flights anyway. Continental, United, American and AirTran do not serve them. Atlanta-based Delta Air Lines still serves peanuts as one of its complimentary snacks. Merger partner Northwest did not until absorbed by Delta. Dallas-based Southwest is another major peanut-serving carrier.

Delta says it already accommodates passengers with peanut allergies by creating a buffer zone when notified in advance. Only non-peanut snacks are served in the buffer zone, which includes three rows ahead of and behind the allergic flier, according to Delta's Web site.

The DOT is taking comments on its proposed rules until Aug. 9. Then it would decide on specific rules and issue a "final notice" of their proposed enactment. The whole process would take well into 2011.

The Centers for Disease Control says about 3.3 million Americans are allergic to peanuts or tree nuts, which compares to almost 7 million who are allergic to shellfish. Deaths from any type of food allergies are extremely rare, with about 150 annually in the United States, the CDC says.

With many passengers bringing their own food aboard these days, the DOT also will consider how to handle passengers who have peanut products and whether the allergic passenger or the airline should be responsible for having an epinephrine auto-injector to treat an attack.

The DOT says passengers with severe peanut allergies qualify as disabled because the condition limits a major life activity -- in this case, flying.  It says it is considering peanut measures "to provide greater access to air travel for individuals with severe peanut allergies in light of the significant number of children diagnosed with peanut allergies, some of whom do not fly because of health concerns related to peanut service on aircraft."

Delta said it is deferring to the Air Transport Association on the matter. The ATA is formulating a position.

Peanut promoters are fuming. Koehler said he wouldn't fear for peanuts' future aloft if a decision was based on studies. "But some haphazard shotgun approach at government regulation, when it's the second time we've been through this, is a little absurd."

American Peanut Council president Patrick Archer said any decision should "consider all food allergens that might affect passengers." He noted there are eight major food allergens: milk, eggs, peanuts, tree nuts, fish, shellfish, wheat and soy.

Democratic U.S. Rep. Sanford Bishop (D-Albany), whose district includes one of the biggest peanut producing regions in the country, called the DOT proposal "another example of extreme government regulation" and said he and others in Congress may seek to overturn any rules that follow.

"There's just such an infinitesimal number of people who have peanut allergies," Bishop said.

Asked about people who could die from peanut allergy reactions, Bishop said, "Yes, they could . . . but they could also walk out in front of a Mack truck and be killed. You need to manage these risks."

Bishop noted that the latest proposal is still only in the public comment stage.

"And we expect to have plenty of comments," he added.

Koehler hopes the prospect of more regulation won't prompt more airlines to jettison peanuts.

Travelers "view that as part of their flight -- having that pack of peanuts," he said.