Civil laws regarding kashrut (Jewish religious standards, mainly concerning food) are found in several countries. Advertising standards laws in many jurisdictions prohibit the use of the phrase "kosher" in a product's labelling, unless it can be shown that the product conforms to Jewish dietary laws; however, the legal qualifications for conforming to Jewish dietary laws are often defined differently in different jurisdictions.
For example, in some places the law may require that a rabbi certify the kashrut nature, in others the rules of kosher are fully defined in law, and in others still it is sufficient that the manufacturer only believes that the product complies with Jewish dietary regulations.
In several cases, laws restricting the use of the term "kosher" have later been determined to be illegal religious interference. [1]
Historically, the statutes of some states in the United States [2] attempted to define the term "kosher", and make it a felony to sell a product which was called kosher if, in general, it was not processed in accordance with the Jewish religion. However, challenges were made to such laws on the basis that they appear to be establishment of a religious practice by the states in question, which would constitute a violation of the constitutional rule that there should be no law respecting an establishment of religion.
Although earlier courts upheld some of these laws, courts have since determined that the laws would establish religious practice, and therefore struck the laws down; opponents of this decision had attempted to argue that kashrut was simply a set of standards for food preparation, and therefore there would be no difference between labelling something as kashrut and labelling it as low-sodium, high-fiber, pasteurised, calcium-enriched, or "contains no cholesterol".
The legal rulings include:
See also, The Constitutional Complexity of Kosher Food Laws [9]
Kashrut is a set of dietary laws dealing with the foods that Jewish people are permitted to eat and how those foods must be prepared according to Jewish law. Food that may be consumed is deemed kosher, from the Ashkenazic pronunciation (KUHsher) of the Hebrew kashér, meaning "fit".
A hechsher is a rabbinical product certification, qualifying items that conform to the requirements of halakha.
A mashgiach or mashgicha is a Jew who supervises the kashrut status of a kosher establishment. Mashgichim may supervise any type of food service establishment, including slaughterhouses, food manufacturers, hotels, caterers, nursing homes, restaurants, butchers, groceries, or cooperatives. Mashgichim usually work as on-site supervisors and inspectors, representing a kosher certification agency or a local rabbi, who actually makes the policy decisions for what is or is not acceptably kosher. Sometimes certifying rabbis act as their own mashgichim; such is the case in many small communities.
Kosher foods are foods that conform to the Jewish dietary regulations of kashrut, the Jewish dietary law is primarily derived from Leviticus 11 and Deuteronomy 14:1-21. Foods that may be consumed according to halakha are termed kosher in English, from the Ashkenazi pronunciation of the Hebrew term kashér, meaning "fit". Foods that are not in accordance with Jewish law are called treif meaning "torn."
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Orthodox Union is one of the largest Orthodox Jewish organizations in the United States. Founded in 1898, the OU supports a network of synagogues, youth programs, Jewish and Religious Zionist advocacy programs, programs for the disabled, localized religious study programs, and international units with locations in Israel and formerly in Ukraine. The OU maintains a kosher certification service, whose circled-U hechsher symbol, Ⓤ, is found on the labels of many kosher commercial and consumer food products.
In kashrut, the dietary laws of Judaism, pareve is a classification of edible substances that contain neither dairy nor meat ingredients. Food in this category includes all items that grow from the ground, fish, eggs, and non-biological edible items.
Hebrew National is a brand of kosher hot dogs and other sausages made by ConAgra Foods. In 1982, Hebrew National opened a non-kosher division under the name National Deli; it was sold off in 2001, and is now based in Florida.
Cantwell v. Connecticut, 310 U.S. 296 (1940), is a landmark court decision by the United States Supreme Court holding that the First Amendment's federal protection of religious free exercise incorporates via the Due Process Clause of the Fourteenth Amendment and so applies to state governments too.
Braunfeld v. Brown, 366 U.S. 599 (1961), was a landmark case on the issue of religious and economic liberty decided by the United States Supreme Court. In a 6–3 decision, the Court held that a Pennsylvania blue law forbidding the sale of various retail products on Sunday was not an unconstitutional interference with religion as described in the First Amendment to the United States Constitution.
The Islamic dietary laws (halal) and the Jewish dietary laws are both quite detailed, and contain both points of similarity and discord. Both are the dietary laws and described in distinct religious texts: an explanation of the Islamic code of law found in the Quran and Sunnah and the Jewish code of laws found in the Torah, Talmud and Shulchan Aruch.
The legal aspects of ritual slaughter include the regulation of slaughterhouses, butchers, and religious personnel involved with traditional shechita (Jewish) and dhabiha (Islamic). Regulations also may extend to butchery products sold in accordance with kashrut and halal religious law. Governments regulate ritual slaughter, primarily through legislation and administrative law. In addition, compliance with oversight of ritual slaughter is monitored by governmental agencies and, on occasion, contested in litigation.
Star-K Kosher Certification, also known as the Vaad Hakashrut of Baltimore, is a kosher certification agency based in Baltimore, Maryland, under the administration of Rabbi Moshe Heinemann, with the involvement of many other rabbis. It is one of the largest Jewish dietary certification agencies in North America. It is trusted by many Orthodox Jews worldwide for dedication to preserving Kashrut. The organization supervises tens of thousands of commercial food products and food establishments around the world.
A kosher restaurant or kosher deli is an establishment that serves food that complies with Jewish dietary laws (kashrut). These businesses, which also include diners, cafés, pizzerias, fast food, and cafeterias, and are frequently in listings together with kosher bakeries, butchers, caterers, and other similar places, differ from kosher-style businesses in that they operate under rabbinical supervision, which requires that the laws of kashrut, as well as certain other Jewish laws, must be observed.
The regulation of food and dietary supplements by the U.S. Food and Drug Administration is a process governed by various statutes enacted by the United States Congress and interpreted by the U.S. Food and Drug Administration ("FDA"). Pursuant to the Federal Food, Drug, and Cosmetic Act and accompanying legislation, the FDA has authority to oversee the quality of substances sold as food in the United States, and to monitor claims made in the labeling about both the composition and the health benefits of foods.
The Tav HaYosher is a certification mark offered, free of charge, to Kosher food establishments that meet a series of ethical criteria developed by the organization, Uri L'Tzedek. Particularly, the Tav HaYosher confirms that an eating establishment with its seal pays minimum wage to all employees and overtime to those employees working more than 40 hours a week. It also ensures the establishment offers employees appropriate breaks as required by law, and provides a safe and abuse-free working environment.
Eco-Kashrut, also called the Eco-Kosher movement, is a movement to extend the Kashrut system, or Jewish dietary laws, to address modern environmental, social, and ethical issues, and promote sustainability.
Hashgacha Pratit (השגחה-פרטית) is an independent, Israel-based organization with both female and male clergy that self-describes as providing an alternative form of Orthodox Rabbinical authority and social activism group dedicated to challenging the monopoly of the Chief Rabbinate of Israel over religious ceremonies and practices, through the provision of private religious ceremonies. Founded in 2012 by Rabbi Aaron Leibowitz in Jerusalem, Israel, it offers alternative halachic services in life-cycle events, rabbinical training, and other courses in religious education. It has provided private kashrut supervision for restaurants, worked on raising public awareness and finding loopholes in the laws to circumvent the Chief Rabbinate’s monopoly, first regarding Kashrut, by leading the movement to open the kosher food market to competition, and today regarding Orthodox wedding ceremonies.
Criticism of kashrut is criticism of or opposition to the laws of kashrut and/or dislike of kosher foods. Criticism of kashrut can either come from non-Jews or it can come from Jews who don't keep kosher, and it may or may not be motivated by antisemitism. In some European countries, kosher slaughter is either banned or restricted by law, often because nationalists or animal rights activists object to the practice. Certain aspects of kashrut have been alleged to promote sectarianism or racism, a claim that is rejected by Jews who keep kosher. Right-wing extremists sometimes criticize kashrut due to their belief in antisemitic canards and antisemitic conspiracy theories. In Classical Reform Judaism, the keeping of kosher has been discouraged, based on its belief that the keeping of Kosher is an unhelpful vestige of the past. In the Soviet Union, the keeping of Kosher was discouraged, due to the anti-religious and antisemitic policies of the Soviet government, and the anti-religious views of secular Jewish Communists.