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Rabbi Jason Miller

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Ending Kosher Nostra: How to Bring Sanity to the Kosher Industry

Posted: 12/15/10 08:07 PM ET

There's a joke I often tell about a conversation regarding the kosher laws between Moses and God. God dictates the Jewish dietary laws to the Israelite leader in easy-to-understand terms, but Moses repeatedly complicates these statutes. Finally, frustrated, God gives up and tells Moses to just do whatever he wants.

From the commandments to not cook a calf in its mother's milk and the prohibition on eating certain animals, the kosher laws have become a very complex system of eating restrictions. To ensure the compliance of the kosher standards from the farm to the factory to the grocery store to the restaurant, an entire industry of supervision and certification was been established. In recent years, I've found myself entrenched in this world of hashgacha.

In her recently published book, Kosher Nation, Sue Fishkoff provides the reader with an insider's perspective about what goes on in the kosher food industry on a daily basis. Each chapter details another aspect of the Jewish dietary ethic - how kosher food has conquered the U.S. market, the business of kosher certification, the rise and fall of the Jewish deli, the kashering of a hotel for a wedding, and the often scandalous production of kosher slaughtered meat. Fishkoff circles the country to explain the subtle nuances of "keeping kosher" in the 21st century. She travels as far as China to shadow a kosher supervisor checking for compliance in several factories. Fishkoff provides insight into the sometimes dirty politics in which the kosher certification agencies have notoriously engaged. From extortion and price gouging to fraud and general dishonesty, kosher certification has gotten a bad name.

My journey to the kosher certification profession was not planned. In 2008, I was hired as the rabbi of Tamarack Camps, with my main focus to supervise of the agency's kosher kitchens. To adequately prepare for this new role, I returned to the Jewish Theological Seminary in New York where I was ordained. Though I had served as a mashgiach (kosher supervisor) in the cafeteria as a rabbinical student, I required detailed instruction to oversee the large camping agency's many industrial kitchens as a rav hamachshir (certifying rabbi).

This new position led to my private certification of a few bakeries, bagel stores and a vegetarian restaurant with the eventual formation of my own kosher certification agency, Kosher Michigan. This experience has been nothing less than fascinating. I now certify a paper mill that makes paraffin wax paper for kosher foods, olive oil bottling at a spice company, a gourmet chocolate factory, a foodservice corporation that provides shelf-stable meals to areas hit by natural disasters, as well as several other businesses. I'm frequently called upon to kosher industrial and residential kitchens, to consult Jewish organizations on kosher matters and to speak about the kosher food industry.

I have become accustomed to fielding many questions about my kosher certification. People want to know if "the Orthodox" (as if it's a monolithic group) accepts my imprimatur. They want to know if "Conservative kosher" (their phrase) is really legitimate. I'm frequently asked to articulate my standards and demonstrate my knowledge. Without even understanding the term, they want to know if all of the food I certify is glatt (even the bagels!). Some are surprised that I conduct unannounced spot checks more often than many of my Orthodox colleagues.

As Fishkoff demonstrates in Kosher Nation, the kosher business has changed drastically over the past several years. She writes, "kosher has become one of the country's hottest food trends. ... A generation ago, kosher was a niche industry, the business of the country's small minority of observant Jews. ... Today one-third to one-half of the food for sale in the typical American supermarket is kosher. That means more than $200 billion of the country's estimated $500 billion in annual food sales is kosher certified." Not bad for a religious tribe that accounts for less than 2 percent of the U.S. population.

And it's not just that there's more kosher food out there. The rules of the game have radically changed as well. So many proverbial fences have been erected around the kosher laws that no 19th century rabbi would recognize them. Rabbis today can make a modest living washing leafy vegetables and checking them for miniscule bug infestations. The ultra-Orthodox have ruled that such innocuous items as strawberries, Romaine lettuce, Brussel sprouts, smoked salmon and water cannot be consumed because of either insects or microscopic copepods. Non-observant Jewish owners of kosher grocery stores, meat markets, and restaurants are no longer trusted to hold the keys to their own businesses.

A Mafia-like reputation ("Kosher Nostra") has been attributed to the kosher certification industry. Fishkoff tells stories of strong-arm tactics and extortion when it came to kosher meat. "Corruption and scandal also plagued the processed food industry," she writes. "Keeping kosher is a mitzvah, but giving kosher certification is a business. And that means money, politics, and all the other unpleasant temptations that can distract a Jew from fulfilling God's commandments." There's a sordid history of lax supervision of kosher-for-Passover food, substitution of cheaper treif meat in butcher shops, and rabbis selling high priced kosher certifications with no oversight in exchange. Rabbi Don Yoel Levy, the head of the OK kosher agency was interviewed by Fishkoff. He told her, "Kashrus today is power and money. And unfortunately, it's extremely competitive. Instead of people working together to improve kashrus, everybody tries to get business away from the other one." Levy even blames kosher politics for his father's death. He attributes the 1986 scandal that included death threats against the state inspectors to be the cause of his father's demise.

I am frequently called by local business owners who have been interested in acquiring kosher certification for years, but have been turned off by the methods of the established agencies. I recently met with a store owner to discuss certifying her food market, which had previously been under kosher certification. When I told her that I wouldn't confiscate her set of keys to her store even though she is not an observant Jew and that I donate the majority of my profits to local charities, she told me that I was "a breath of fresh air."

Positive change is afoot in the kosher world. Today, more people are increasingly concerned about the food they eat, where it comes from and who is making it. They want to be assured that it is clean, fresh, safe and healthy. More people have specialized diets because of lifestyle choices, health reasons or religious values. Kosher is just another option in a category that includes vegan, organic, gluten-free and heart smart. There is a growing non-Jewish demographic that is maintaining some form of a kosher diet. And the leaders of Reform Judaism, which once shunned kashrut, are now promoting adherence to the kosher laws on some level.

Like me, other Conservative rabbis around the country are launching kosher certification agencies. There may be four major agencies, but there are close to a thousand smaller ones. Getting rid of the monopoly enjoyed by some kosher agencies in communities will only help reduce the price of kosher food. Kosher certification, I maintain, is about trust. When dirty politics and corruption are allowed to enter, they only diminish the holiness that kosher observance intends. Ending "Kosher Nostra" will add sanity to the kosher industry.

We have become so far removed from the kosher laws of the Torah and Talmud that we focus less on why we keep kosher and more on how punctilious we can be, only to "out frum" the next person. We have become so concerned about everyone else's kosher standards that the same laws enacted to keep our community united are being used to keep us from ever being able to eat together. I'm reminded of the joke about the ultra-pious man who dies and goes to heaven. When a colossal feast of the choicest, most expensive foods is laid out in front of him, he inquires with the ministering angel about the kosher certification there in heaven. When he's told it is the Holy One, God himself, who has sanctioned the kashrut of the food he decides to play it safe and just orders a fruit plate.

My goals for Kosher Michigan are simple. I want to help create more options for the kosher consumer without exorbitant prices. I want to shift the focus of kosher certification to trust and the compliance of sensible standards, regardless of denominational affiliation. It does not necessarily follow that a restaurant owner who does not observe the Sabbath cannot therefore be trusted to maintain the strictures of the kosher laws in his establishment. And just because a non-Jew has looked at a bottle of wine does not mean it is no longer suitable for Jewish consumption. I want to help people ask educated, thoughtful questions about kosher certification, rather than resort to pejorative comments that seek to divide our people.

I consider it a great honor to have the responsibility of keeping my eye on food production and preparation to ensure proper compliance of our kosher laws. No matter why people choose to eat kosher, I want them to feel confident trusting my certification. I'm only one person, but if I can help make the kosher industry more "kosher," it's an important start.

 

Follow Rabbi Jason Miller on Twitter: www.twitter.com/rabbijason

There's a joke I often tell about a conversation regarding the kosher laws between Moses and God. God dictates the Jewish dietary laws to the Israelite leader in easy-to-understand terms, but Moses re...
There's a joke I often tell about a conversation regarding the kosher laws between Moses and God. God dictates the Jewish dietary laws to the Israelite leader in easy-to-understand terms, but Moses re...
 
 
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05:33 PM on 01/02/2011
The kosher markeplace has become increasingly competitive in recent years and kosher prices have come down considerably. That being said, there will always be those that collude to control pricing in order to maintain high prices. The largest and most aggregious of this is the USDA which artificially controls the price of dairy and eggs. Prices would be a fraction of what they are now if the government did not pay farmers to destroy eggs and dump milk.

For Rabbi Jason to suggest by quoting Mrs. Fishkoff that kosher is a multi-billion dollar industry because of "2% of Jews" is absolutely false. The movement towards healthier foods and the removal of lard, and other animal based products simply made products easier to certify. Heinz Ketchup is not kosher because of Jews. It's kosher because the miniscule amount of money it costs them to obtain certification in exchange for a larger market share. I know large manufacturers that are paying a thousands of dollars per year in kosher certification fees on sales of hundreds of millions. It's a pittance to them and good business. Vegans, Muslims, Seventh Day Adventists, and those with allergies consistently look for kosher certification as a guarantee. The USDA allows "Non-Dairy" milk and cream to have up to 2% dairy content while kosher certification has a zero tolerance for any trace amounts. If you were a milk allergen sufferer or were lactose intolerant, who would you trust more, the USDA or the kosher symbol?
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RabbiJason
Rabbi Without Borders
04:43 PM on 01/07/2011
Where do I say that the kosher industry is a multi-billion dollar industry because of 2% of Jews?

I believe I quote Sue Fishkoff and then write, "Not bad for a religious tribe that accounts for less than 2 percent of the U.S. population."

That doesn't mean it's a multi-billion dollar industry BECAUSE of the American Jewish population. It means that it's impressive that an industry BASED ON Jewish Law in a country in which only 2% of the population is Jewish (and the majority don't keep kosher) is doing so much business.
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Weirdo
"It's a Wall Street government"
04:55 PM on 12/21/2010
Kosher Nostra? Isn't that something the Italians do?
01:25 PM on 12/21/2010
For those of you wondering about kosher wax paper - the FDA doesn't allow (and rightly so) the use of non-consumable oil to lubricate food processing machinery. Instead, animal and vegetable derived oils are used to grease the moving parts, and lard is one of the most common. Hence, a food processing facility has to be certified kosher for food and related items that normally wouldn't need it.

As for "glatt" kosher, an old conservative rabbi once told me that it was the difference between pregnant and very pregnant. His point, it is either kosher or it isn't and those using the "glatt" designation are just trying to out frum their landsmen.
10:44 AM on 12/21/2010
Why not do something courageous and take the position that the man-made, contrived edict about mixing meat and milk products is nonsensical and not required by the Torah?

As far as the prevalence of kosher food goes, it must be noted that most of that stuff is inherently kosher. There is no way to make Coke or beer or fruits and vegetables (canned or fresh), or nuts and a variety of other products unkosher.

In fact, I'm contemplating putting out a certain food product and I will label it "kosher", as it contains only ingredients that are inherently kosher and I will not have anyone "certify" it as such and let's see what happens.
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Big Game Hunter
Facts are Republican Kryptonite
05:21 AM on 12/20/2010
These rules were invented thousands of years ago for the same reason we have an FDA now- to keep people from getting sick. Before refrigerators and USDA inspections, a lot of these rules probably made sense. They no longer serve any useful purpose. Instead, people who keep kosher tend to view it more of a personal sacrifice than having a genuine use. It's like lent 24/7 - but you have to give up a lot more than 1 thing. No lobster. No cheeseburgers. No pepperoni pizza. No bacon (the most delicious food ever created). I couldn't do it.
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RabbiJason
Rabbi Without Borders
01:50 PM on 12/21/2010
A lot of the kosher rules were actually established not for health reasons, but to prevent intermarriage. See: David C. Kraemer, Jewish Eating and Identity Throughout the Ages, Routledge, 2008
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Big Game Hunter
Facts are Republican Kryptonite
09:51 PM on 12/22/2010
That actually makes sense, because the Hebrew civilization was somewhat "xenophobic" (probably not the best word choice, but they didn't want to mix with other cultures). Restricting what you can eat would keep you from marrying into a people who eat that restricted item.

Some things I am pretty sure were health-based because where there are pigs there is cholera and in an ancient world, there's no real way to contain it (they didn't understand contagion, etc).
08:26 PM on 12/22/2010
"These rules were invented thousands of years ago for the same reason we have an FDA now- to keep people from getting sick."

I've heard this before, and I don't understand where it came from. There's no actual reason in the Torah given for the rationale behind kashrut.

One rabbi's explanation I have heard is something having to do with the traits that make up a kosher animal being internal (chewing cud) and external (having split hooves), representing that people should be the same way when it comes to righteousness - show it on the outside and the inside. The main reason pork is a prominent one is because on the outside, it meets the requirement, but not on the inside (it doesn't chew its cud). It represents people who are outwardly decent people, but who are phonies, and we shouldn't intake something like that.

Again, one person's take on it, but an interesting one.

As for your original post, well, you can agree or disagree with keeping kosher, but please don't speak for us about what the real reason is or whether there actually is any useful purpose behind it.
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Big Game Hunter
Facts are Republican Kryptonite
09:48 PM on 12/22/2010
I am entitled to my opinion. I'm not "speaking for you" when I say it makes no logical sense and serves no useful purpose. Those are just my own thoughts, which I am entitled to, as you are to yours.
10:22 PM on 12/16/2010
Serious question - laws for stoning are ignored these days so why is kosher maintained. I mean it is pretty ridiculous and requires two sinks, two sets of dishes and two sets of cutlery and so on. Why not just become vegetarian?
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Gonzo36
Pro-awesome!
10:31 AM on 12/17/2010
Here is why I keep kosher: I believe that keeping kosher elevates the mundane into the holy. So every time I eat I have to think about what I am eating- is it milk? Is it meat? Is it neither? When I grocery shop I have to check to make sure there is a hescher (kosher symbol). This keeps my beliefs in the forefront of my mind. How many people think about G-d at all during the day? I have the 'privilege' to think about 'him' every time I eat. I am not suggesting this for most people, I am just saying that for me, it works.
10:44 AM on 12/17/2010
Actually, you need four sets of dishes, etc., because you need separate dishes and pots and stuff for Pesach. Some of my friends have separate kitchens in their basements, just for Pesach.
11:06 AM on 12/17/2010
Gonzo and puzzle - my question was not answered. Why keep kosher and ignore stoning. How do you choose which "orders" to follow and which to ignore. And Gonzo if eating is what keeps god in the front of your mind why not switch to say cleaning the house or working for the good of man and not yourself. I mean I am seriously wondering why it is no longer alright to sell your daughter into slavery but a cheeseburger is unthinkable even to-day. In a nutshell - why are some directions followed and others ignored?
09:58 PM on 12/21/2010
True story: I know a couple that had 5 sets of dishes. One was for treif.
08:47 PM on 12/16/2010
Kosher holy water

Most faithful believe what they are told and avoid anything that might
challenge their faith. Kosher foods and holy water in order to be seen
as genuine require that some holy wearing a funny hat mumbles a verbal
blessing over the stuff. If you ask the consumer what change he
believes took place, you will usually hear that the blessed stuff
gained some sort of spiritual superiority.
12:20 PM on 12/17/2010
Blessing an animal isn't what makes it kosher. http://www.jewfaq.org/kashrut.htm

You don't have to agree with it, but at least get your facts straight before slamming it.
04:34 PM on 12/16/2010
it's a racket
10:03 PM on 12/21/2010
It didn't start out as a racket but it has evolved into one.

Answer these questions: Why aren't women or Gentiles or non-religious Jews allowed to do kosher supervision or kosher slaughter? These tasks involve compliance with a certain set of rules. Anyone of any gender is capable of learning and following these rules. You don't have to be Irish to be a cop.

You see, the people who presently have these jobs like to keep these jobs for themselves. That's how this has evolved into a racket which is probably prosecutable under the RICO statutes.
04:26 PM on 12/16/2010
Well said and thank you.
04:11 PM on 12/16/2010
hey nothing personal

but this whole "kosher" thing is just a scam

using some dietary laws, that might have made sense in the mid-east, in an era before refrigeration

and then saying that they came from god, and should still be used, is kinda silly

i mean, if you're gonna eat a hamburger every now and then, i don't think god's gonna be THAT upset if you make it a bacon cheeseburger 

the real deaL is that its part industry, and part a system of controlling people

hey, eat whatever you want

but if you REALLY think god is sitting around, worrying about the tiniest nuances of what you eat,
well.... if thats the case, you're a bit naive
07:44 AM on 12/23/2010
It's all in how you see it.

I keep kosher; not because G-d cares. But because there are guidelines that are out there on how Jews should live. So I choose to follow. Keeping kosher is chuk (something that we do, but we don't know why we do it). But there is a spiritual benefit. It is a part of "refining ourselves". That food is a gift. This world is not here for the taking.

I compare being a Jew with being an attorney (or the like). Are you a bad person if you choose to not go to law school? Of course not. But if you choose to become a lawyer, then you MUST conduct yourself in a certain way and do certain things. Same with being a doctor or any other professional position. If you break the rules you may not be caught...and you'll be ok. In fact you may even gain great financial reward. But you also lose out on things; like going back on the very same oaths you took when you first were certified in that profession.
03:58 PM on 12/16/2010
ripping off people in the name of God goes back a long way, and still going strong
03:50 PM on 12/16/2010
I would never cook a chicken in its mother's milk.

But seriously, as a Jew, I try to keep kosher-ish. My lifestyle wouldn't make keeping strictly kosher easy or even possible, and also I'm more tribally Jewish than religiously so. But I don't eat treif (seafood or pork) and I don't eat mammals at all unless I'm at a dinner party and am served such food, in which case I don't want to make a big deal about it. I like the idea of keeping kosher more than the actual doing of it.
12:00 AM on 12/17/2010
I think that it is the thought and intention to be obsevant to God is what catches his attention, no matter what faith you are.
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03:38 PM on 12/16/2010
Dear Rabbi Miller, do you have the time to prepare a kosher red heifer?
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Chicagoperson
Definitely not a conservative
03:37 PM on 12/16/2010
Who knew?

There's a kosher meat section in our local grocery store. Occasionally I buy the chickens but the meat is almost twice as much as in the regular section.
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wbthacker
Can YOU pass the Turing Test?
02:22 PM on 12/16/2010
Let me get this straight. You believe the all-powerful and wise creator of the universe is intensely concerned with what animals you eat and how you kill them, and even frets over whether your wax paper is sinfully prepared.

And you're appealing for *sanity*?
10:31 AM on 12/23/2010
Does the "all-powerful and wise creator of the universe" care if you tackle an attractive stranger in public and drag them into your car and take sexual advantage of them? Besides the fact that there are laws against that (in some countries); remove the laws, and lightening is not going to come out of the sky and strike you down dead for doing crimes that are way more heinous than not eating kosher. Therefore I fail to follow your logic.

Also kosher is only required for Jews as one of the many laws to be followed as part of the covenant they have with G-d. If you're not Jewish, I wouldn't waste too much energy arguing over it. If you are Jewish, I would look more into the teachings of Judaism before you knock it.