Ou Kosher Publishes New Manual for the Food Service Industry How to Read a Bill of Lading

ww ww VOL. t f / NO. 1 CHESHVAN 5773 / NOVEMBER 2012 s xc THEDaf a K ashrus A MONTHLYH NEWSLETTER FOR THE OU RABBINIC FIELD REPRESENTATIVE

first is that the commodity indeed comes HOW TO READ A BILL OF LADING from the approved source. Second, he will RABBI GAVRIEL PRICE want to see that the oil is shipped in a tanker RC Ingredient Research trailer that is kosher certified. Since the BOL identifies not only Midwest Transport AN RFR sometimes has to do detective Iowa Vegetable Oils (IVO) hires Midwest but also the specific trailer number, the work to determine whether a bulk commod- Transport to ship 45,000 gallons of veg- mashgiach will cross reference that number ity originated from an approved source. Let etable oil to Pennsylvania Potato Chip (PPC) with Midwest Transport’s kosher certificate us say a mashgiach is visiting Pennsylvania a series of transactions takes place: IVO (certified companies should retain the cer- Potato Chip Company, and the only vege- transfers custody of the product to Midwest tificates for the transportation companies table oil approved on his Schedule A is from Transport who, upon delivery, transfers cus- used to bring product to their facility). In Iowa Vegetable Oils. If the vegetable oil is in tody to PPC. A BOL is generated that mini- cases where a product is only acceptable a drum or tote bearing a label stating “Iowa mizes the legal issues that can arise as the when sealed under rabbinical supervision, a Vegetable Oils” and the relevant kosher product moves along this chain of custody. mashgiach should also cross-reference the symbol, the problem of origin doesn’t begin. It identifies the Shipper (IVO), the Carrier actual seals with those identified on the bill But most of the time vegetable oil is stored (Midwest Transport) and the Consignee of lading. Unfortunately there is no standard in a tank with no identifying features indicat- (PPC). It also identifies the type of product form for presenting information on a BOL, ing the oil’s origin. How should he verify (vegetable oil), the specific unit in Midwest so some careful reading is needed to find the vegetable oil indeed came from Iowa Transport’s fleet used to actually ship the what is pertinent. Vegetable Oils? product, and the seal numbers physically In the vast majority of cases the BOL will applied to the trailer. The resource mashgichim most commonly be sufficient for a mashgiach to confirm that use is the bill of lading (BOL) associ- The mashgiach at PPC should use the BOL a commodity originated from its approved ated with shipment of the product. When to satisfy two distinct requirements. The continued on page 2

OU KOSHER PUBLISHES NEW MANUAL PUBLICATIONS FOR THE FOOD SERVICE INDUSTRY

SO YOU’VE attended a sit-down Bar Mitzvah but for other kashrut organizations, local or wedding for 600 at a luxurious hotel, with the Vaadim, and kashrut professionals who are meal strictly kosher, and your major concern is seeking guidance in this complicated field of how much to eat at the smorgasbord, so as not to kosher food service. spoil your appetite for dinner. This is the fifth in a series of OU manuals, That is because you know that the hotel’s following its predecessors on baked goods; kashrut is under the supervision of the Orthodox fish; oil; and the most recent, the third edi- Union, and as a result, there is no concern for tion of “Checking Fruits and Vegetables,” the skills of the mashgiach or mashgichim who which rolled off the presses just before are stationed in the hotel’s kitchen to keep a Passover this year. very keen eye on the food preparation and ser- “Kosher food service supervision has evolved vice in all of its aspects. into a complex industry which requires both Now, with the publication of the OU Manual strong management skills and a broad knowl- for the Food Service Industry, the complexity edge of halacha,” declared Rabbi Yaakov of supervising hotels, catering halls, synagogue Luban, OU Kosher Executive Rabbinic kitchens and other locales where meals are Coordinator and Editor of the Manual. prepared for large gatherings, is set down “The OU is fortunate to have on staff an for the benefit not only of OU Kosher staff, continued on page 4

Published by the Orthodox Union, Eleven Broadway, New York, NY 10004 Please direct your comments to RABBI YOSEF GROSSMAN, EDITOR at 212-613-8212 or [email protected] BOL source. However, was able to provide a complementary BOL Smolensky (senior RFR, Chicago) pointed continued from page 1 there are potential that identified the approved manufacturer as out that (back to our original case) IVO limits to its use- the Shipper and the Consignee (that is, the may be the Shipper of record, but really the fulness. The BOL receiver) as the Newark trading firm. The product is coming from a depot someplace described above identified IVO, the manu- seal numbers noted there were identical to else. Everything matches the Schedule A – facturer, as the Shipper. This is standard those on the BOL for the Newark-Kansas but, and a big but – if you look carefully at practice in the transport of kosher certified shipment. The ISOcontainer, it seems, had the BOL you notice that the point of origin goods, since most commodities are only been shipped from Italy to Newark, where has something called Marigold listed, and acceptable from specific manufacturers. A it was held before being shipped again to there is a lot number of BRTX12345. Now, BOL can, however, identify the broker as the Kansas City. someone in the field who is hopefully astute Shipper of goods, recognizes that the lot number is remark- and not the man- ably similar to a rail car registry number. ufacturer. In this And what is Marigold? Turns out, IVO ships case the BOL is their vegetable oil via rail car to a depot in useless to a mash- Chicago which in turn transfers that oil to a giach or, at best, a piece of a puzzle truck and sends the truck to a local customer. that needs to be Only problem, is Marigold certified? Are completed. they pumping kosher and treif in the same hoses? Are there holding tanks that may be Identifying the treif? broker as the Shipper is used in In this case, a mashgiach/RC would be a “blind” BOL. obliged to research the status of the depot. The broker wants A BOL can be an instrument of subterfuge. to keep the iden- What if IVO notices that its vegetable oil tity of the man- has failed internal quality specifications, but ufacturer from it desperately needs to make good on an the customer so urgent order to PPC? It might send trailer he can remain 613, from Midwest Transport, to its com- the middleman. petitors, Missouri Vegetable Oil, to fill the This is a perfectly order for them. If IVO is keen on ensuring legal, and com- that PPC does not think anything is amiss, mon, stratagem. It is unacceptable, the IVO name, not Missouri Corn Oil’s, will however, in an occupy the section titled Shipper (which, arrangement when after all, it is). This scenario is conceivable the commod- in theory but, for a number of practical and ity is approved probably legal reasons, not at all likely. only from Rabbi Smolensky pointed out that the wash manufacturer(s) ticket associated with the trailer that deliv- specified on a ered the product may be helpful in evaluat- Schedule A. ing the validity of a BOL (a wash ticket is If a mashgiach issued by the facility that washes a trailer does find that the before it picks up its next commodity). If a Shipper identi- BOL identifies the Shipper as IVO (i.e., in fied on the BOL is not the manufacturer Another potential resource when dealing Iowa) but the wash ticket is from a facility in approved on the Schedule A and the Shipper with a blind BOL is a certificate of analysis Birmingham, Alabama, an eyebrow should (COA). This document provides data about is confirmed to be a broker or distribu- be raised. tor (and not simply an unapproved manu- the physical and chemical properties of a When in doubt, a mashgiach/RC can and facturer) he may nevertheless be able to sample taken from a specific lot of product. put together a picture of the supply chain It will be generated by the manufacturer of should communicate with the mashgiach reaching to the original manufacturer. For the lot, and bear its name. If a mashgiach can at the approved manufacturer, who should example, recently a mashgiach encountered relate the specific lot identified on the COA either know first-hand or be able to review an ISOcontainer (essentially a large, mobile to a specific lot in the plant he’s visiting, he’s shipping records to confirm the kashrus of storage tank) holding refined grapeseed oil performed his job. However, a broker who is a shipment. The main point is to be patient at a Kansas City food production plant. The keen on concealing the identity of the manu- and use good judgment when determin- mashgiach duly reviewed the BOL, which facturer will be careful to change the name ing whether a BOL faithfully demonstrates identified a trading firm in Newark as the on the COA to his name – again, all without that a bulk commodity originated from an Shipper. The seals on the BOL matched necessarily indulging in anything deceitful. approved supplier. It nearly always will. those on the ISOcontainer, but the approved Mashgichim may see the following curveball: When necessary, a complementary BOL, supplier was an Italian company whose name the manufacturer is identified as the Shipper, certificate of analysis, a wash ticket, or simply had no relation to that of the Shipper. but the commodity is not coming directly speaking with another mashgiach should Ultimately the Kansas City food producer from the site of the manufacturer. Rabbi clarify circumstances of a shipment.

2 | THE DAF HAKASHRUS make sure the item is cooked by a Jew. RCs Rav Belsky and Rav Schachter agreed rrugk tkt h,tc tk should review the schedule B and confirm that in situations where it would be their plants are not producing any end item difficult to arrange for a full kashering, which would be bishul akum in their current since there are these additional sevaros, one IQF - BISHUL state relying on a Jewish end user to finish can rely on the CIP changeover from one the cooking. vegetable to another in place of an official kashering. However, this CIP must reach a KASHERING AFTER IQF RABBI ELI GERSTEN temperature that will qualify as a kashering. RC Recorder of OU Psak and Policy What about other vegetables that are not subject to bishul akum; can they be blanched PURÉES AND POOR QUALITY IQF - INDIVIDUALLY QUICK on the same equipment? For example if a Similar concerns as exist with IQF can exist FROZEN - refers to the process of freez- company sells IQF beans, which do not with purées, if they are blanched either prior ing fruits or vegetables as separate individual require bishul Yisroel, because they are not or after pureeing. Although purée might pieces, so as to prevent them from freezing oleh al Shulchan melachim, can they be placed seem to not be oleh al Shulchan melachim, in into one solid block. Because freezing often in the same blancher? truth it often is considered oleh when turned does not completely destroy pathogens (e.g. Shulchan Aruch brings two opinions as to into pies. For example, pumpkin pie is made bacteria) vegetables are often blanched for whether or not one must kasher after bishul from pumpkin purée and sweet potato pie is several minutes in hot water prior to freezing. akum, but the prevailing opinion is to be made from sweet potato purée. One should In many cases, this level of cooking reaches machmir to require hagalah. However, this not assume that puréeing a vegetable alone the threshold of maichel ben drusai (1/ or 3 hagalah is more kal and can be performed is enough to exempt it from bishul Yisroel. 1/ cooked) and therefore there are various 2 even ben yomo without the need for pegima. The same holds true of items cut into small vegetables that may become assur because of This is because bishul akum is batel b’rov. pieces. Rav Belsky has said that even produce bishul akum due to this cooking. Common Since there will always be rov k’neged the that is of poor quality should be assumed to vegetables for which this may apply include; bliyos, one can kasher even ben yomo (see be oleh al Shulchan melachim, since it can be potatoes, sweet potatoes, squash, pumpkin, Darchei Teshuva 113:92 in the name of the fixed up and served and it is difficult to dif- eggplant and asparagus. In order to certify Minchas Yehuda Y.D. 154). ferentiate between these levels. these products, the mashgiach must light the boiler. The same basic rules hold true for The Avnei Nezer (Y.D siman 100) explains RETORT Block Quick Frozen (BQF) as well. that according to the Rosh, foods that are If a retort is used to cook cans of potatoes, squash etc… and the boiler was not lit If the mashgiach is unavailable to light the partially cooked, with the intent to complete boiler, those vegetables listed above (potato, the cooking only become bishul akum when by a Yisroel, these items are bishul akum. sweet potato etc…) must not be certified. the cooking is complete. This is also the However, we do not require kashering the Even though the item is only partially cooked opinion of Issur V’heter. According to these retort after bishul akum, because the bliyos by the non-Jew and the cooking could be Rishonim, there would be no requirement to of issur that come through the can are batel finished by a Jewish end user and become kasher after IQF, since it is only intended as in the water and will not make the walls of permitted (see Rema 113:9) we still may an intermediate step. Even though l’halacha, the retort assur. This is because unlike other not certify the product. This is because we we do not follow this opinion, still it can be issurim, bishul akum is batel b’rov, and does have no way of ensuring the end user will used as a tziruf. not require shishim.

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THE DAF HAKASHRUS | 3 OU KOSHER THANKS OASIS FOODS For Its Stellar Kosher Program and Its Cooperation in Facilitating Kosher Education Programs THE OU Kashrut Department paid a visit to Oasis Foods Company in Hillside, NJ to present the firm with a plaque in recognition of its excellent kosher program and its “open door” policy of welcoming ASK OU programs for hands-on demonstra- tions of how OU Kosher plant supervision works. The plaque was awarded to Oasis Vice President Leo Nigro and Team Oasis.

Rabbi Yosef Grossman, Senior Educational Rabbinic Coordinator for OU Kosher, From left: Rabbi Akiva Tendler, OU Kosher who coordinates the programs that visit Oasis Foods facilities, said: “It was a real Rabbinic Coordinator for Oasis Foods; Rabbi pleasure to meet Mr. Nigro and Team Oasis at their corporate office. The plaque David Gorelick, Rabbinic Coordinator; I presented to Oasis on behalf of the Orthodox Union gave concrete expression to Leo Nigro, Vice President of Oasis Foods; our deeply held respect and admiration for the stellar kosher program in place at Rabbi Moshe Perlmutter, OU Kosher Rabbinic Oasis. It was as well a way to express appreciation to them for always having an open Field Representative for Oasis Foods; and door for the many ASK OU Kosher training and educational programs which they Rabbi Yosef Grossman, Senior Educational so graciously host. We look forward to many more years of a mutually beneficial Rabbinic Coordinator for OU Kosher. relationship.” Mr. Nigro said, “At Oasis Foods we take great pride in the culture and relationship we have built together with the OU. Our employees, customers and suppliers all benefit by the infrastructure, policies and procedures that we have put in place with the guidance of the OU. We have formed a very strong partnership with the OU and we look forward to what the future brings for both of our organizations.”

PUBLISHES exceptional group His profound knowledge of halacha and its wine, liquor and liqueur; milk products; continued from page 1 of rabbonim implementation in the food services industry matzah and matzah products; outside food; who oversee this vastly influenced this manual.” Bishul Yisrael; Bedikas Tolaim; inspection important area. Over the years, these indi- Rabbi Luban, in turn, gave credit to OU of eggs; water filtration; Tevilas Keilim. viduals have introduced numerous systems of Kosher’s Food Service specialists for their The manual also explores special standards, control for food service establishments, and knowledge and experience -- Rabbi Issur that is, Pas Yisrael, Cholov Yisrael and in so doing, have raised the levels of supervi- Fuchs, Rabbi Eli Gersten, Rabbi Yermia Yoshon; waiting six hours after (consuming) sion in OU establishments and beyond. In an Indich, Rabbi Avi Juravel, Rabbi Dov aged cheese; brachos; Sukkos; nine-days pol- effort to standardize a formal structure, many Schreier and Rabbi Leonard Steinberg -- icy; liver; knife sharpening; hafroshas challah; policies and requirements for Kosher Food declaring that “every one of these rabbonim tznius and ambiance; entertainment; written Service have been committed to writing excels in his area of expertise, and collec- protocols; overnight catered events; Pesach in a series of articles, protocols, check-lists tively, they produced a magnificent wealth of food service; synagogue catering; levels and manuals.” written material which formed the founda- of supervision; and fruit and vegetable Rabbi Luban continued, “My challenge, tion for this Food Service Manual.” inspection guidelines. which was substantial, was to merge the The manuals project was originated by Dr. There are also checklists for hotel and cater- material together and fill in the missing gaps, Simcha Katz, now OU President, who was ing establishments and for Shabbos catering; to produce one seamless Manual that covers Chairman of the OU Kashrut Commission and a restaurant review (not the kind written the entire gamut of food service supervision. when the first guide appeared. Rabbi by a food critic, but rather a review of pro- In this process, much effort was expended Menachem Genack, CEO of OU Kosher, cedures). The manual features a large selec- to establish a consensus for one standard of and Rabbi Moshe Elefant, COO of OU tion of halachic source material as well from OU policy.” Kosher, had ultimate supervisory responsi- OU Kosher Halachic Consultants Rav Harvey Blitz, Chair of the OU Kashrut bility for the manual. According to Rabbi Hershel Schachter and Rav Yisroel Belsky. Commission, explained: “The goal of OU Luban, the Editor, “Rabbi Moshe Zywica, Want to be a food service mashgiach? The Kosher is not only providing the highest Executive Rabbinic Coordinator, skillfully manual states that one must establish one’s standards of kosher certification to the widest managed various aspects of this project and presence; engage in diplomacy with staff audience possible, but also to provide kosher his talented efforts brought the Manual to (no yelling); demonstrate professionalism; education on all levels not only through our fruition. In addition, he reviewed the entire practice confidentiality; be punctual; show publications, but through our extensive and document a number of times and made many astuteness; be willing to lend a hand; limit growing programs in which OU Kosher rab- valuable suggestions.” personal activities which would detract bis share their expertise with groups ranging The beautifully illustrated 70-page booklet from supervision; stay in touch with the from yeshiva children to senior rabbis. The covers a wealth of topics. They include: OU Rabbinic Coordinator; and properly OU Manual for the Food Service Industry, the food service mashgiach -- an over- represent the Orthodox Union. therefore, is yet another step in our expanded view; opening and closing procedures; In other words, as with Harry Truman, the goal of educating the kosher consuming incoming and outgoing deliveries; off-site buck stops with you! public.” events; logs, checklists and reports; desig- Copies of the manual may be obtained at He added, “I would like to express my nation of dairy/meat/pareve equipment; from Rabbi Luban at [email protected] or appreciation to Rabbi Luban for serving new equipment; meat and fish segregation; 212-613-8214. as Editor of this extraordinary publication. establishments with both meat and dairy;

4 | THE DAF HAKASHRUS