web analytics
July 28, 2015 / 12 Av, 5775
At a Glance
InDepth
Sponsored Post


Unfortunate Kosher Food Decision

As The Jewish Press reported last week, a three judge panel of the United States Court of Appeals for the Second Circuit sitting in Manhattan has thrown out provisions of New York’s Agricultural and Markets Law which since 1915 has prohibited the fraudulent selling of food as kosher. The court’s reasoning was essentially that inasmuch as the definition of “kosher” was defined in the law as meeting “Orthodox Hebrew requirements,” enforcement by state authorities would cause “excessive entanglement” between government and religion in violation of the First Amendment.

It is a sad state of affairs that as it now stands, anyone can sell even pork meat as kosher and there isn’t anything anyone can do about it. The irony of the court’s decision is that it belies the reality of what enforcement really entailed. While it is true that the origin of the standards were religious legal codes, state inspectors followed a totally secular protocol. That is, there was never any day-to-day resort to the ancient tomes or to rabbinic authority, only to a long-settled menu of objective things to look for.

Nor is there any real merit to the court’s concern that the definition of kosher in terms of “Orthodox Hebrew requirements” elevates Orthodox standards over non-Orthodox standards, again involving the state in doctrinal matters. If the word “kosher” standing alone is not to be a misleading standard, it must imply the highest standard of all groups. That is, an Orthodox Jew is misled by the designation “kosher” if Orthodox standards are not met. On the other hand, a Conservative Jew is not misled if Orthodox standards are met. Once again at bottom this is a practical, rather than a religious issue.

Attorneys involved in the case say that an attempt will be made to get the full court of appeals to reconsider the decision of the three judges. Failing that, an appeal to the United States Supreme Court is likely. We would hope that ultimately, there will be a restoration of protections for the kosher consumer. It seems inconceivable that because of a wooden, strained view of church-state separation, from now on commercial opportunists can with impunity trick kosher consumers into paying premium prices for something that is falsely labelled as such.

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Unfortunate Kosher Food Decision”

Comments are closed.

Current Top Story
President Obama overlaid against photo of Jonathan Pollard.
Jonathan Pollard To Be Freed in November
Latest Indepth Stories
Open Tent

{Originally posted to the author’s website, FirstOne Through} Some passionate and eloquent liberals have bemoaned the state of inclusiveness among Jews today. Leon Wieseltier, editor of the New Republic penned an angry piece “J Street’s Rejection Is a Scandal” about the exclusion in 2014 of J Street from the Conference of Presidents of Major American Jewish Organizations. […]

Hamas on the Temple Mount - Jul 3, 2015

Magnanimity by Moshe Dayan, allowing Muslim control of the Temple Mount, led to today’s situation.

Community-Jewels-logo

It was modeled upon a similar fund that had been set up by Sephardic Jews in Venice. But Amsterdam’s Dotar was initially more ambitious in scope.

Brudner-072415-Rav-Aharon

Rav Aharon Margalit is a bestselling author – his book, As Long As I Live, has been translated into four languages – and a standing-room only lecturer. Both religious and non-religious audiences flock to hear him. What makes him so extraordinary? Rav Margalit is a Chasidic Jew who experienced incredible challenges from a very young […]

J Street is the vanguard (Jewish face)in support of Obama’s Vienna Accords Nuclear Deal with Iran

“I hold the woman’s place over that of men in every fundamental aspect of public and private life.”

The US-UNRWA accord is another example of this White House, hostile to Israel, disregarding truth.

On the saddest day on the Jewish calendar, Tisha B’av, a reflection on the dangerous deal with Iran

The Kotel gained significance around 1550. Previously, many Jews prayed on the Temple Mount itself.

All Jews MUST stand together to oppose boycotts against Israel. So why does NIF & JCF support BDS?

This year it is hard to concentrate on anything but Iran building nuclear weapons to destroy Israel

Bibi failed the moment he transferred Israel’s Iran problem to the international arena.

I was entranced by Kaddish, a song of sorrow of the whole of Israel for the 1000s of years of exile

Like the Avos, we are invested with the mission to inspire humanity to become nobler and greater

Iran accords are worse than Munich; even Chamberlain would be shocked at what is transpiring again.

An unhappy person cannot become happy by acquiring items. Happiness has to come from somewhere else.

More Articles from Editorial Board

Mr. Kerry may or may not be genuinely disturbed and troubled by the Iranian leader’s continued belligerence. With the deal completed, that’s not even a matter of concern anymore.

Mr. Silver’s legislation changed the primary date to April 19, which avoids any conflict. And, we are happy to say, he received the support of Republicans in the legislature for changing the date.

The issue of the Chief Rabbinate’s control over conversions and other life-cycle matters has long been a contentious one.

Can adoption agencies limit the placement of children to heterosexual couples only?

The court’s finding that the president has exclusive jurisdiction in recognizing foreign countries might have been be apt if the issue at hand were a congressional attempt to grant recognition to “Palestine” as a state.

It wasn’t too long ago that Mr. Erdogan, in his determination to burnish Turkey’s credentials as an Islamist state at the cost of the secularism that had brought much economic and political success to Turkey, upended his country’s decades-long cooperative relationship with Israel.

Does the pope really believe that Father Dehon’s destructive anti-Jewish calumnies do not disqualify him from the highest honor of the Catholic Church because in his time everyone did it?

There was something else of great importance in play – something we would have liked to see him take into account before deciding to stand with the boycotters.

Printed from: http://www.jewishpress.com/indepth/editorial/unfortunate-kosher-food-decision/2002/06/28/

Scan this QR code to visit this page online: