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Losing my Chezkat Kashrut

by Leah Koenig · April 24th, 2007
Kosher

(Posted on behalf of Rabbi Avi Feingold)

kosher.jpgFor anyone concerned about the wider impact of “Tzedek Kashrut” might want to consider what the wider implications of the word kosher and how the Halacha views it. Strictly defined, the word means fit, or legitimate and it has another fairly significant application in Halacha. A person is generally accepted as having a chezkat kashrut,  or the presumption of legitimacy. This applies when any question of that legitimacy arises. One would need to invalidate the presumption  of fitness in order to make the claim stick, much like the common law principle of being innocent until proven guilty. If the allegation proves to be true, one can be said to lose their chezkat kashrut, and any future allegations can and are coloured by this finding. So, for example if a restaurant is found to be serving unkosher food, even if the supervising agency felt that previously it was sufficient to have periodic inspections of the facility, a full time Mashgiach, might now be required.

Today the FDA reported that they were aware of contamination issues  at Georgia and California plants that led to people eating tainted peanut butter and spinach. Their claim is that  they could not have done anything to prevent the outbreak from happening, and that they know that the system needs to be overhauled. If a reliable Kosher organization feels that they are unable to accurately represent a company as to their Kosher status, they would not go on the record as claiming that the product is Kosher. Has the FDA lost their chezkat kashrut? Should we be looking to other organizations to tell us if our produce is pesticide-free? Aside from their own confession, perhaps we should not be looking to large organizations to do things they are incapable of doing in the first place. Perhaps the only 
people we should be trusting are people we can meet face to face……….like a local farmer.

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7 Responses to “Losing my Chezkat Kashrut”

  1. Rachel Kohl Says:
    April 24th, 2007 at 11:59 am

    Rabbi Finegold,
    You make an interesting point about “chezkat kashrut” as a term that is transeferable to non-kashrut situations. I’m not sure, however, that using it to refer to the FDA is necessary. What you are basically getting at is the question of trust. Perhaps using the word “kosher” in this context is unecessary and might even be misleading.

    Regardless, you make a good point and obviously care deeply about these issues. We need more rabbis like you!

    Warmest regards,
    Rachel
    PS. I think I’ve met your wife.

  2. Riley & Tiki's Mom Says:
    April 24th, 2007 at 12:07 pm

    Considering that the FDA still won’t say what other companies bought tainted rice protein and put it in pet food, I wouldn’t count on them to alert anyone that a food is contaminated and/or not kosher. Small local farmers are great, if only they made pet food.

  3. Julie Rezmovic Says:
    April 24th, 2007 at 7:13 pm

    What a great blog!!
    The FDA is aware of many possibilities for outbreaks of contaminated food but they are too big of an organization to patrol everyone so strictly so they depend on the food companies overseeing themselves. Obviously in the past year the FDA did not do their job well. When our food is overseen by such a huge organization of course something is going to fall through the cracks. But do we really have time to study each spinach leaf before we eat it? I think that Judaism says YES! Just like we have to check our food for bugs to prevent from eating them, I think that we must also have an Eco-Kosher hecksher that can check up on the FDA and other heckher’s. I know its just creating another organization, but what are we supposed to do in our modern busy lives?

  4. Rabbi Shmuel Says:
    April 25th, 2007 at 3:19 pm

    Julie - we can buy locally so that the chezkas kashrus is up close and personal - police policing the police just creates an unnecessary layer of complexity subsidized by you the consumer. So if Nigel is comfortable eating Eitan’s goast cheese because he knows the farmer and the goat has a Hebrew name and other relevant factors, that’s easier than a “police” state - demand accountability and know where your food comes from - it’s easier than you think - I come in contact with local growers (for whatever I don’t grow) and its parrt of an ongoing dialog - can’t you just see a commercil - “it’s 10:00 - do know where your cauliflower is?” food for thought

  5. Sara Shalva Says:
    April 26th, 2007 at 4:28 am

    This is a great conversation. The FDA’s not-so recent acknowledgement and warning that people consume less tuna because of the high levels of mercury is another example of a day late and a dollor short: this has been a problem for a long time. But in bringing up the issue of Kashrut and cheese, I would love to explore how people hold (other than Nigel)in regards to “kosher” cheese. It is my humble opinion that the kosher cheese industry in America is a bit of a racket. No offense intended. So, when I relocate to New York I will do want I can with CSA etc. but here is my real question: who is Eitan and how do I get a hold of some of that cheese? Will other kosher people eat it?–the issue is also about community norms — so if not, how do we change those? Or can we go about getting smaller local dairy farmers hechshers that aren’t crazy expensive or inhibitive?

  6. avtherav Says:
    April 26th, 2007 at 3:46 pm

    Actually the issue of cheese is very similar to the original topic. Unlike other foods, cheese requires a chezkat kashrut to be established before it is deemed kosher. this is due to the fact that rennett can be used and one would not know the difference if a kosher or non-kosher rennet was used. This therefore led to the establishment of the category of gvinat akum, or cheese made by non-jews. In order for cheese to be kosher then a different level of kosher supervision must be in effect. If one knows the maker of the cheese (as in the case of nigel) then that very ell may establish enough reliability for the product, but as a result of this that halacha precludes anyone from purchasing any cheese, even if one has the assurance of the cheese maker that, vegetal rennets were used in the production.

  7. Rabbi Shmuel Says:
    April 27th, 2007 at 10:09 am

    Will other kosher people eat it?–the issue is also about community norms — so if not, how do we change those?

    sara - great insight - it’s more about the extended community as well - we try to keep our home to a standard where all of our friends can eat there as well

    avtherav - you’re pretty much on the money, but let me ask you a question. What if the goat was milked on shabbos by a Jew who felt that to discard it would be bal tashchis and then commingled with nonshabbos milk and made into cheese. Any problems with that scenario? or is it merely a rennet question? just curious

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