29 Apr KASHRUS QUESTIONS OF THE WEEK WITH RABBI MOSHE ELEFANT

With the FDA potentially stepping back from its oversight of commercially produced milk, how might this change affect the kosher community’s long-standing reliance on government regulation to ensure milk meets kosher standards?

This development has no impact whatsoever on the kosher status of Chalav Stam. That’s because primary oversight of dairy farms and milk production is conducted by state governments—not the FDA. The FDA has always played a secondary role in this area. Therefore, the halachic leniency (heter) issued by Rav Moshe Feinstein, which is based on regulatory enforcement and inspection, remains fully intact.

Can you explain Rav Moshe Feinstein’s zt”l psak again?
Yes. According to the Gemara, for milk to be kosher (Chalav Yisrael), it must be supervised throughout the milking process by a religious Jew. However, Rav Moshe Feinstein zt”l ruled that in countries like the United States—where strict government regulations ensure that only cow’s milk enters the commercial supply chain—there is no real concern about milk from non-kosher animals being mixed in.
Because of these regulations and inspections, Rav Moshe permitted the consumption of standard commercial milk even without constant rabbinic supervision. This is known as Chalav Stam.
Recently, U.S. Secretary of Health and Human Services, Robert F. Kennedy Jr. made comments suggesting that the FDA may reduce or stop certain types of milk testing. This raised concerns within the kosher community. Some wondered: if Chalav Stam relies on government testing, and that testing
stops, is the milk still kosher?
The answer is clear:
Rav Moshe’s heter has always been based primarily on state-level regulation and enforcement—and that has not changed.