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Peanut Allergies and the Law

Peanut Allergies and the Law

It is estimated that one percent of the American population is allergic to peanuts. Unlike many food allergies common in children, peanut allergies are usually life long and are rarely outgrown. In addition, peanut allergies often cause more severe symptoms than other food allergies and symptoms often occur with minimal contact with peanuts. People with severe peanut allergies can suffer anaphylaxis and death. In fact, it is estimated that over 250 Americans die every year due to the ingestion of allergenic foods, most commonly peanuts or shellfish. Over 30,000 receive life-saving treatment in emergency rooms for allergic reactions to food.

The United States Department of Transportation (DOT) has declared that a peanut allergy is a "disability" under the terms of the "Air Carrier Access Act," a federal law requiring commercial airlines to make airlines accessible to disabled people. Under the DOT policy, airlines are required to create "peanut-free zones" or "buffer zones" on all commercial flights in which peanut products would not be served. Peanut allergy sufferers are required to notify the airline in advance of their allergy and provide medical documentation confirming the allergy. Likewise, a severe peanut allergy may be considered a "disability" under the Americans with Disabilities Act if the allergy causes a physical or mental impairment that limits one or more major life activities. The U.S. Department of Justice has ruled that children cannot be excluded from daycare or school on the basis that they have a severe allergy to peanuts.

Another federal law, the Food Allergen and Consumer Protection Act, offers protection to those with peanut allergies. The Act, which was enacted in 2004 but will not go into effect until January 1, 2006, requires food manufacturers to clearly state if a product contains any of the eight major food allergens responsible for over ninety percent of all allergic reactions. These are milk, egg, wheat, soy nut, tree nuts, including hazelnut and walnut, peanut, and fish. The law further requires that the label language contain only terms that are understandable to the general public.

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