[Avodah] OU bitul policy

[David Cohen]

It occurred to me that there could be a parallel between this whole
discussion of bitul lechatechila / certification vs. approval and today's
daf yomi (the first mishna on Bechoros 35a and the gemara thereon).

The mishna states that if a NJ makes a mum on a bechor "ledaato" (of the
J), then the bechor may not be slaughtered on the basis of that mum.  But
if the NJ does it "shelo ledaato," then the bechor may be slaughtered on
that basis.  If one were to attempt to draw conclusions regarding the scope
of the prohibition on "bitul isur lechatchila" based on this mishna, one
might conclude that:
   -- according to Rabbeinu Gershom, who says that "ledaato" means at the
explicit instruction of the J, there might be a problem with "certifying"
products with trace amounts of isur, but certainly no problem "approving"
them.
   -- according to Rashi, who says that "leda'as" (his girsa) means that
the NJ is intentionally acting in order to permit that which was forbidden,
there might be a problem even with "approving" such products, if the NJ
manufacturers were aware that they could use up to a certain amount of isur
and still stay on the "approved" list, and tailored their recipe
accordingly.
  -- according to all, there would be no problem "approving" such a product
if appearing on the "approved" list was not at all a consideration of the
NJ manufacturers when they made their recipe.

Are there any rishonim or acharonim who make this connection between this
mishna on heter bechoros and the question of bitul of isurim by NJ?

-- D.C.
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