A college sophomore from Randolph has taken on the Food and Drug Administration after he was turned away from donating blood because of his sexual preference.

Dustin Weinstein, a sophomore at Montclair University, says he tried to donate blood at a drive and was refused because he has had sexual relations with another man since 1977. A rule issued by the FDA prohibits gay men from giving blood.

The FDA didn?t return News 12 New Jersey?s phone calls, but its Web site addresses the issue and claims "A history of male-to-male sex is associated with an increased risk for the presence of and transmission of certain infectious diseases, including HIV."

Weinstein sent the FDA a petition with more than 150 signatures protesting the policy. He believes it is outdated based on modern technology that determines if blood is contaminated or unsafe.

According to sources, the American Red Cross petitioned the FDA in 2005 to review its policies concerning men who have had sex with other men. The American Red Cross says the policy does not represent its own views.