[Avodah] Halachic Policy Guidelines of the Kashrus Authority of Australia

[Prof. Levine]

I am moving the discussion of different kashrus 
standards from Areivim to Avodah, because I think 
the information below belongs on Avodah.  YL

Please see http://www.ka.org.au/index.php/Halachic_Policy/

Note the following under 
<http://www.ka.org.au/index.php/Halachic_Policy/Kashrut_Status_of_Oils_in_Australia.html>The 
Kashrut Status of Oils in Australia

Following are some of the key Halachic issues, as 
well as the practical situation as it relates to 
oils both manufactured and brought into 
*Australia*.  See the above URL for the entire article.

The following is from 
<http://www.ka.org.au/index.php/Halachic_Policy/Kashrut_Standards_Today_-_An_Halachic_Discussion.html>Kashrut 
Standards Today - An Halachic Discussion  Note 
the sentence under The United States and 
Israel  "Hence almost all kosher work is done via 
certification and nullification can not be relied 
upon." Also note the sentences under The Rest of 
the World "According to the Noda B’Yehuda such 
products, considering the particular 
circumstances, are as kosher for the final 
consumer as formally certified products. The Ksav 
Sofer would concur only when there was no similar 
product at the same price available. "

The United States and Israel

As the kosher consuming market in those countries 
is very large the normal mode of identification 
of kosher products is through certification. It 
can universally be assumed that when a company 
desires a kosher status it is to significantly 
attract the kosher market and ultimately increase 
production. Hence almost all kosher work is done 
via certification and nullification can not be relied upon.

The Rest of the World

In the rest of the world two parallel systems 
apply. On the one hand there are companies who 
seek certification - and they do so to increase 
their market potential and often to export to the 
larger markets of the US and Israel. In the 
certification of these products nullification can 
not be relied upon. However there are also 
companies that consider the kosher market as 
totally insignificant - and they give permission 
to have their products checked. They expect no 
significant increase in turnover whatsoever. In 
such cases nullification may be employed, or at 
least a less thorough sub ingredient check, as 
well as some other leniencies mentioned in the poskim.

These products are often published in lists with 
the notification that indeed these are not 
certified products but endorsed products. Such 
lists appear in Australia , South Africa and the 
United Kingdom as well as other countries.10 
According to the Noda B’Yehuda such products, 
considering the particular circumstances, are as 
kosher for the final consumer as formally 
certified products. The Ksav Sofer would concur 
only when there was no similar product at the same price available.

The following is from 
<http://www.ka.org.au/index.php/Halachic_Policy/The_Kashrut_Authority_and_Kashrut_in_Australia.html>The 
Kashrut Authority and Kashrut in Australia

3. We have a third level (that does not exist in 
the USA). These are what we have called 
“approved” products manufactured by persons not 
of the Jewish faith. I have written a detailed 
article explaining the halachic rationale and 
resultant differences as well as our current 
policies in that regard and you may find it on 
our website www.ka.org.au in the halachic 
policies section. It is in relation to this 
“level” that we indeed follow the London Beth 
Din, The Manchester Beth Din, The Johannesburg 
Beth Din, and all who currently list “approved” products.

Many might be tempted to say that the approved 
products are ‘less kosher’ than certified 
products – such a statement is in my opinion 
wrong. The reality is that they fall under a different halachic paradigm.

An analogy to illustrate: It is without question 
forbidden to add a drop of milk to chicken soup. 
If one did so on purpose one would not be 
permitted to eat the soup. However, if it fell in 
by accident, and was batel b’shishim (nullified 
using the one in sixty rule), the Halacha is 
unquestionably that one is permitted to eat the 
soup. Two apparently identical occurrences, yet 
there are two opposite outcomes. The reason for 
this is that we are dealing with two completely 
different paradigms - the meizid (purposeful 
intent) paradigm and the shogeg (unintentional/accidental) paradigm.

Similarly there are two distinct paradigms in 
relation to supervision of kosher foods. The 
certification paradigm, when a company comes to 
you and pays you for your services as well as 
markets also specifically to Jews; and the 
approval paradigm, where you initiate the visit 
to the company, you are not paid by the company 
and the company are not particularly interested in the Kosher market.

In practice the following general guidelines are 
used by us in the paradigm for approved products. 
(For further details see the above mentioned article):

a. If there is a definitely non-kosher ingredient 
then the product will not be listed regardless of 
the ability to nullify. We do not rely on bitul in such circumstances.

b. If there is uncertainty as to the nature of an 
ingredient or if it’s sub-components have not 
been able to be thoroughly investigated – 
provided that there is a reasonable likelihood 
that it is of kosher origin and in the worst case 
scenario the ingredient would anyway be batel – 
the final product will be approved ( but never certified) .

c. Certain leniencies may be employed in relation 
to the kosherisation of equipment and supervision 
of such kosherisation as well as frequency of visitation.

The OU, OK and most US agencies ONLY deal with 
the first paradigm. This is largely because of 
the size of the kosher market and the Jewish 
population of the USA. There are sufficient 
certified products so it is not necessary to have 
approvals. Furthermore, as companies are 
specifically marketing also to kosher consumers, 
it may not be possible halachically to employ the 
approval paradigm. However in other countries, 
such as the UK and Australia, where there are 
insufficient products and the relative size of 
our kosher consuming market is small we are 
entitled halachically to employ the approval paradigm.

Note this last paragraph especially.

----------

See the above URL for the rest of these articles. 
 From this articles it should be clear why there 
are differences between kashrus in the US and 
Israel and the rest of the world and why one 
should not extrapolate from the standards of one 
organization in a given country to the situation in other countries.

YL
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20111128/95f57c2a/attachment-0001.htm>