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    HASHGACHAH AND HECHSHEIRIM PART 1

    Q. If a Jew owns a
    store, why does it
    need a hashgachah?
    Isn’t there a
    concept of eid echad
    ne’eman b’issurim,
    which means
    that we believe
    one who testifies
    by prohibitions
    that something is permitted? If the
    storeowner tells us the food is kosher,
    shouldn’t that be enough?
    A. There is a concept of eid echad ne’eman
    b’issurim, which in our case means that if a
    Jew says something is kosher, it is kosher.
    It seems, then, that we would not need a
    hechsher on a store with a Jewish owner. We
    know that when eating in someone’s home,
    we may believe him that the food is kosher.
    However, this is not the case when dealing with
    a store. When one’s livelihood is involved,
    we don’t follow the rule of believing another
    person. There is a powerful yetzer hara to cut
    corners and get away with serving something
    that is not ideal.
    Furthermore, the owner of the store may not
    be able to be in the store all the time, so the
    concept of eid echad no longer applies. In
    addition, mistakes are inevitable and happen
    often. If, for example, an item was ordered
    that costs less than the usual price, who will
    double-check that the correct kosher item
    came in?
    In past years, most food was produced in
    the home. People didn’t buy prepared foods
    that contained so many ingredients and
    preservatives. This makes the field of kashrus
    so much more complex.
    Q. What is the deal with repackaged
    foods found in a local supermarket?
    A. Supermarkets often order items in bulk
    and repack it in smaller containers, placing a
    sticker with the hechsher that was on the item

    before it was repackaged. This is very cost-
    effective for the supermarket.

    If the item in question is individually wrapped
    (such as hard candy, taffy, or chewing
    gum), there is no concern. It is advisable to
    purchase these items only from stores that
    have a reliable hechsher supervising the
    repackaging. This verifies that they are indeed
    packing the product stated on the repackaging.
    Many consumers opt to only purchase loose
    products from merchants whose entire store is
    properly certified by a reliable kosher agency.
    With such certification, the kosher status of
    the repackaged product, as well as any other
    product in the store that it could come in
    contact with, can be assured.
    Q. In Eretz Yisrael, it’s common
    for women to sell homemade baked
    goods or cater meals to support their
    husband’s learning. However, due to

    the nature of this business, there is
    no hashgachah. Is it permitted to buy
    from such a business, or should one
    only buy from home businesses that
    have a hechsher?
    A. Some poskim say that if one knows that
    the person making the food follows halachah,
    then these products can be purchased without
    a hechsher. On the other hand, an enactment
    put in place years ago states that one should
    not buy any product from an individual, even
    if he is careful with kashrus, unless he has a
    hechsher.
    In 2022, many leading rabbanim said that
    the practice of selling food products without
    a hechsher from one’s home must be
    discontinued.[5] This is not good news for
    those with home-based business, yet there
    are ways to obtain a hechsher at reasonable
    rates, albeit not from the larger kashrus
    agencies. Those who wish should look into it.
    Nonetheless, there are poskim who are lenient
    and permit the purchase of products without a
    hechsher from home-based businesses.
    Q. Why are some hechsherim widely
    accepted while others are not?
    A. National kashrus agencies invest a lot of
    work to ensure that all of their plants meet
    strict kosher requirements. Mashgichim visit
    their facilities on a constant basis. All of their
    ingredients and products are entered into a
    database and checked when the mashgiach
    visits. In addition, ingredients arrive at the
    plant in tankers. Were there any non-kosher
    ingredients in these tankers? Bulk records
    and truck wash receipts are checked to
    ensure that everything is kosher. Office staff
    enters new ingredients and new data that
    come into the office. Each ingredient used
    by the company must be checked against
    the database to make sure it’s kosher and
    that the manufacturer is from a well-known
    hashgachah. Questions constantly arise, and
    the acceptable hashgachos have a beis din or
    rabbinic authority to whom these questions
    are presented for guidance.
    With a national hashgachah, there are
    personnel and employees to deal with the
    many issues that arise. There are over 1,400
    hashgachos, and many of them do not have the
    manpower to supervise such large facilities.
    We will not comment on which hashgachos
    are acceptable and which are not. However,
    Hebrew lettering on an item does not mean
    that it is from a reputable hashgachah.
    In addition, besides for the policies in place
    with a hechsher, how good the hashgachah
    is in implementing these policies is the

    difference between an acceptable and non-
    acceptable hechsher. The hechsher may also

    implement policies that one does not deem
    acceptable.
    Q. What is the difference between a
    specific rabbi certifying products and
    a national hechsher?
    A. When a hechsher is given to a product, the

    one who is doing the certification must take
    into account many factors before deciding
    to give a hechsher. Often, questions arise
    and it must be determined how to proceed.
    When one is giving a hechsher on a store or
    a product, and he is the sole person involved,
    he has no one to bounce off his doubts about
    a specific product. Instead, he can decide on
    his own how to resolve his query and give
    the hechsher. When dealing with a national
    hashgachah, there are discussions between
    rabbanim as to whether a specific hechsher
    should be granted.
    In addition, quite often when one rabbi gives
    a hechsher, it can be on a lower level than a
    national hechsher since the ingredients used in
    a factory may need to be researched. In many
    cases, a rabbi working alone does not have the
    ability or resources to do this.
    Q. We all know that there is no rabbi
    sitting in the factories all day (except
    for special runs). If so, how is the
    hashgachah making sure the products
    are kosher?
    A. The way the hashgachah works in a factory
    setting is that a field rabbi visits the facility
    either once or twice a month. If it’s a factory
    that is very sensitive in regard to kashrus (i.e.,
    it uses ingredients that may be problematic),
    sometimes the rabbi will be at the plant daily.
    Obviously, when the rabbi is away from the
    plant they know he will not come back and
    can potentially do as they please. However,
    this is not a concern.
    Harav Yisroel Belsky zt”l discussed the
    halachah of “yotzei v’nichnas” — when there
    is a non-Jew in a Jew’s house, the Jew should
    go out and come in. This is not the basis for
    how commercial hashgachah works. When
    the non-Jew’s business is focused, to some
    extent, on the kosher market and he knows
    that if he gets caught he will lose that entire
    opportunity, the visitation requirements are
    less stringent than those relating to a Jew
    walking in on a non-Jew in his home. When
    the rabbi comes into a factory unannounced
    (which is the method in the United States),
    it creates a mirsas (fright) of the non-Jew
    fooling around with the kashrus.
    It should also be noted that the rabbi’s plant
    visits must be on an erratic schedule. At
    times they should be twice in the same day,
    on a weekend, or not during regular business
    hours (assuming the company is open). If the
    company sees a pattern that the rabbi always
    comes on a Monday morning or always waits
    a few weeks before returning, the rabbi is
    no longer creating the mirsas required for a
    certified factory.
    European hashgachos tend to operate with a
    different model. Although they reserve the
    right to make unannounced visits, they find
    that companies feel that anyone who comes
    without an appointment does not trust them
    and are insulted that the rabbi is trying to
    catch them doing something wrong. A rabbi
    who informs the company that he will be

    coming on a specific day does not create
    mirsas. However, visits to European plants
    are quite different from visits to American
    plants. When a rabbi visits an American
    factory, he may have limited time at each visit
    although there are many visits throughout the
    year. However, European hashgachos send
    highly qualified personnel a few times each
    year to spend hours or days auditing all of the
    company’s paperwork, which their American
    counterparts don’t do.
    Q. How often does the rabbi visit a
    restaurant or store?
    A. Many of the larger hechsherim require a
    rabbi to be in the store on a constant basis.
    Sometimes, depending on the situation, they
    allow the owner to act as a mashgiach for part
    of the time. In some out-of-town communities
    where it may be harder to find competent
    mashgichim, they may allow the owner to
    act in this capacity on a more consistent
    basis. The norm in the industry of reputable
    hechsherim is to visit a store once a week, to
    make sure the mashgiach or owner is doing
    what he is supposed to be doing as far as
    kashrus is concerned. However, an ice cream
    shop or coffee shop, where there is not much
    going on, would require monthly visits by an
    inspecting rabbi.