Assessing Kashrut Organizations v2.0
Before I pick up Slutzman’s gauntlet, I would like to advise against his policy of “consider[ing] all hechshers (excepting the plain “K” unless I know about that particular item) acceptable.”
New York State enacted America’s first Kosher Food Law in 1918. This original law — on which virtually every other state subsequently based their own Kosher Laws — prohibited selling non-kosher goods with kosher “certification” attached and required stores selling both Kosher and non-Kosher products to post signs attesting the fact. As the nation’s processed food industry developed, additional laws were passed that defined what one may and may not hype as “kosher” without running the risk of fraud. These statutes were based on normative Orthodox practice.
On July 28 ‘02, the U.S. District Court for the Eastern District of New York declared portions of the New York Kosher Laws unconstitutional, holding that their Orthodox roots tacitly violated the Establishment Clause: By basing a state statute on a given denomination’s practice the NYS Legislature gave Orthodox Judaism credence over Conservative, Reconstructionist and Reform.
Although NYS Governor George E. Pataki has repeatedly called upon the NYS Department of Agriculture and Markets’s Division of Kosher Law Enforcement to appeal this decision, the July ‘02 ruling stands. Consequently, anyone who wishes to may start their own kosher certification agency, copyright their own symbol and start hekshering away. There is no assurance that their standards are even nominally related to any denomination’s interpretation of Jewish law.
Now, back to the gauntlet. Having supervised a kosher kitchen or two (just kidding, only one) in my day, I’d like to suggest a few questions one should bear in mind when researching a new kosher certifier:
- What are the requirements to serve as a mashgiah (kosher supervisor)? What are the on-staff mashgihim’s qualifications? What sort of training to they receive? Do they keep up to date on the kosher industry’s going-ons? How often are they quizzed to see that their knowledge of halakha (Jewish Law) is still up to snuff?
- Are the mashgihim’s visits to an industrial plant (say, Dole Fruit) scheduled in advance or spur of the moment? (Spur of the moment being preferred to scheduled.)
- Are new industrial products approved after inspection of ingredients or does the company simply fax over a list of ingredients? (The ingredients ought to be inspected.)
- How do they ensure that there is no bishul akum (cooking by non-Jews, a violation of Orthodox kosher observance)?
- What is their policy on bediqa (checking for bugs)? Are there any vegetables/fruits which they don’t check as a matter of course? When bediqa is performed, which techniques are used for which produce?
- What hekshers (certifications) do they permit their restaurants to use when purchasing meats?
- Do they require their restaurants to have a mashgiah temidi (constant supervisor) on premises whenever the kitchen is unlocked?
- Is it possible for chefs/staff to have access to the kitchen when there is no mashgiah present?
- Are the mashgihim paid directly by the kosher supervisor, the restaurant they work for, or both (say, a 70/30 split)?
By no means take this list to be all-inclusive. Feel free to post additional questions (as well as comments/critiques of mine) below. And, as always, when asking questions and evaluating answers keep a trusty Rabbi close at hand.