[Avodah] CRC: Revised whiskey alert - answers to some FAQs

[Yitzchok Levine]

The following is from the CRC.  BTW, when I tried to go to the AKO 
web site at www.akokosher.org I got the message that this web site 
has been attacked. YL

Having trouble reading this email? 
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KASHRUTH ALERT


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The following revised whiskey alert and answers to some of your 
frequently asked questions has been sent out on behalf of AKO





Revised Whisky Alert

May 17, 2010
The AKO Executive Committee has reason to believe that there are 
large liquor companies in the United States which may be owned in 
whole or part by Jews. We are concerned that such companies may not 
have arranged for the sale of their chametz (mechiras chametz) during 
Pesach. These companies primarily manufacture bourbon, cordials, and 
American whiskey, and also deal in a small amount of Scotch and vodka.
Chametz-containing liquors owned, produced and/or aged by 
Jewish-owned companies over Pesach are forbidden as chametz she'avar 
alav haPesach.
Since many liquor products are aged for many years before they are 
sold to the public, it cannot be assumed that these beverages are 
acceptable for kosher use even if they are purchased a long time 
before or after Pesach.

Accordingly, we recommend that Kashrus Agencies and consumers change 
their policies and only consume those alcoholic beverages which [are 
free of standard kosher concerns and] are known to (a) be produced by 
a non-Jewish company or a Jewish-owned company which arranged for the 
sale of their chametz, (b) not contain any chametz, including not 
having chametz secondary grains or malted barley (bourbon and 
cordials are examples of items that may have these forbidden items), 
and/or (c) were not aged over Pesach (e.g. vodka).

The following are some brands which we believe to be subject to the 
above concern:

1792 Ridgemont
51 Ice
99 Schnapps
A. Smith Bowman
Absinthe
Ancient Age
Antique Collection
Barton
Blantons
Bowman
Buffalo Trace
California Deluxe
Canadian Host
Canadian Hunter
Canadian LTD
Canadian Supreme
Colonel Lee
Dr McGillicuddy's
Eagle Rare
Elmer T Lee
Experimental Collection
Fireball
Fleishmann's
George T. Stagg
Hancock's Presidents Reserve
Herbsaint
Highland Mist
House of Stuart
Imperial
Inver House
James Foxe
Kentucky Gentleman
Kentucky Tavern
Lauder's
McAfee's Benchmark
Mix 51
Mr. Boston
Northern Light
Old Charter
Old Thompson
Old Van Winkle
Pappy Van Winkle
Peychaud's
Regan's
Rich & Rare
Rock Hill Farms
Royal Canadian
Sazerac Rye
Ten High
Terra Brazilis
Thomas H. Handy
Tom Moore
Tyrconnell
Van Winkle
Very Old Barton
Virginia Gentleman
W L Weller


Consumers who already own one of these liquors are encouraged to ask 
their personal Rabbi whether returning the bottles to the store is 
considered to be having hana'ah (benefit) from chametz she'avar alav 
haPesach.  Lastly, we note that this notification does not cover the 
serious question of the status of whisky (or other chametz) owned on 
Pesach by a Jewish distributor who does or does not arrange for the 
sale of his chametz; consumers are once again encouraged to discuss 
this question with their personal Rabbi.

For updated information or questions regarding this notification, 
please email AKO at <mailto:liquor at akokosher.org>liquor at akokosher.org.



Whisky Alert
Questions and Answers

May 17, 2010
On May 6th AKO released an alert regarding whisky which has led to a 
considerable number of questions from consumers.  This document will 
address the most common of those questions.

    * The alert was on AKO stationery and quoted the "AKO Executive 
Committee".  Pardon my ignorance, but who are these people?
AKO has been the umbrella group for national and community hashgachos 
in North America and beyond for the past 25 years.  It currently has 
approximately 80 members and the Executive Committee is comprised of 
the administrators of the larger of those hashgachos including 
(alphabetically) cRc (Chicago), CRC/Hisachdus (Brooklyn), COR, 
Heart-K, Kof-K, MK, OK, OU, and Star-K.

     2.   I checked your list and think that it is missing some 
brands owned by the same companies, or you list brands that I think 
are owned by others.  Are you sure your information is accurate?
We spent much time doing our due diligence in investigating the 
multiple layers of the companies involved, but of course it is always 
possible that we missed a few.  If you have a specific example, 
please bring it to our attention and we'll do our best to check into it.
Please note that our list does not include items which are merely 
distributed by the companies in question nor does it include any 
items (e.g. brandy, liqueurs) which we have always recommended as 
requiring a hashgachah.


     3.   The alert lists many brands.  Is everything produced by 
these companies not recommended?
Not at all.  As noted in the alert, some products are produced from 
100% non-chametz or are not aged, and do not pose a concern of 
chametz she'avar alav haPesach.
It is worth noting that although Bourbon must legally contain at 
least 50% corn-based alcohol, it commonly contains chametz as (a) a 
secondary grain-source which may be 20-40% of the product, (b) malted 
barley used to breakdown the starches into fermentable sugar, and/or 
(c) backset from chametz fermentations.  The simple understanding is 
that the presence of any of these forms of chametz would be enough to 
render the Bourbon chametz she'avar alav haPesach (see Mishnah 
Berurah 442:27 & 447:105), but people with specific questions are 
encouraged to consult with their local Rabbi for direction.

     4.   The alert states a number of facts such as that a Jew owns 
these companies and never performed mechiras chometz, however the 
language implies there was a safek (halachic doubt)?
The somewhat ambiguous language came from the legal department but 
the AKO Executive Committee and at least 8 Poskim associated with 
national hashgachos had numerous discussions before releasing this 
alert, and were convinced that there is no safek.

     5.   Are there not numerous halachic reasons to permit whisky 
owned by a Jewish company over Pesach?
The aforementioned group of Administrators and Poskim considered many 
possible reasons to be lenient including the owner's possible mumar 
status,that whisky is produced via distillation (zei'ah), and a 
possible corporate structure of ownership.  This group unanimously 
decided to publicize the alert, as none of the aforementioned reasons 
justified allowing a Jew to purchase these alcoholic beverages.

     6.   What if I already own a bottle of one of the listed 
liquors?  Do I have to throw it out like other chametz she'avar alav haPesach?
Although all of the aforementioned Poskim recommended that a Jew not 
purchase these beverages in the future, some of them were willing to 
consider reasons to be lenient in specific situations for people who 
own considerable amounts of the affected whisky and/or would like to 
return unopened bottles to the store where they bought it.  People 
with these types of questions are encouraged to consult with their 
local Rabbi who will direct them.  [AKO is considering preparing some 
halachic literature for Rabbis to assist them in dealing with the 
complexities of the aforementioned shailos.]
However, it may be helpful for consumers to know that we believe that 
these companies were not always Jewish owned.  Accordingly:

Any products listed on the original alert which were purchased by a 
consumer before Pesach 1992/5752 (and then sold via a personal 
mechiras chametz for the subsequent Pesach holidays), are recommended.
    * Any products listed on the following list which were purchased 
by a consumer before Pesach 2009/5769 (and then sold via a personal 
mechiras chametz for the subsequent Pesach holidays), are recommended:

1792 Ridgemont
99 Schnapps
Barton
Canadian Host
Canadian LTD
Canadian Supreme
Colonel Lee
Fleischmann's
Highland Mist
House of Stuart
Imperial
Inver House
Kentucky Gentleman
Kentucky Tavern
Lauder's
Mr. Boston
Northern Light
Old Thompson
Ten High
Tom Moore
Very Old Barton


For updated information or questions regarding this notification, 
please email AKO at <mailto:liquor at akokosher.org>liquor at akokosher.org.

Chicago Rabbinical Council
2701 W Howard Street | Chicago, IL 60645

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