The OU is proud to certify the large bulk of kosher pizza; in fact, nearly all recognized brands of kosher pizza bear the OU symbol. Our certification extends to internationally famous pizzerias, domestic frozen pizza factories, and even some Italian pizza companies.

What is Involved in Certifying Pizza as Kosher?

Ingredients: The most sensitive ingredient in standard pizza is cheese. Kosher hard cheese has a special requirement that it be rabbinically supervised from setting to packaging; mere assurance that the cheese’s ingredients are kosher is not enough. Thus, only
cheese which is manufactured under constant rabbinic watch is permitted.

Although sauce and spices are not encumbered by special supervision requirements, they too must be kosher-approved. Many tomato sauces and pastes are processed in plants which also handle non-kosher meat and/or cheese; thus, pizza sauce sources must be carefully examined for kosher status. So, too, many spices must be verified as to kosher specifications, as the OU needs to assure that the spices are processed in an innocuous environment and are free from infestation.

Processing: Although many OU-certified pizza plants are all-kosher, others are not, and the OU therefore needs to set up elaborate systems for production, which ensure kosher status of ingredients and equipment.

All-kosher pizza plants often operate without fulltime rabbinic supervision. In such cases, the OU visits frequently to monitor the use of all ingredients. Kosher pizza cheese (made under special supervision, as noted above) must be sealed and signed by the supervising rabbi at the cheese plant, and OU visits to pizza facilities must include verification of seals on all cheese.

Non-kosher plants, which schedule separate kosher productions, pose a much greater challenge.

There are two types of such plants:
(a) Cold-process plants apply all pizza ingredients at ambient temperatures. In such facilities, the oven is used only for baking plain pizza crust (or shells); sauce, cheese, spices and any additional toppings are applied once the dough is cool.

These facilities are simpler to deal with from a kosher perspective, as the non-kosher cheese (and any other ingredients) used during non-kosher production does not have hot contact with equipment, thus alleviating the need for kosherization (kosher sanitizing after hot non-kosher use). Nevertheless, the presence of non-kosher residue on belts which convey product under sauce and cheese stations and on cutting and packaging equipment requires thorough, abrasive cleansing before kosher campaigns. Full-time rabbinic supervision is needed to take care of these procedures, as well as to assure segregation of non-kosher ingredients during kosher productions and to monitor the use of kosher packaging materials.

(b) Hot-process plants bake the entire pizza — including toppings — in the oven. Thus, regular nonkosher runs utilize the oven for non-kosher cheese (and perhaps meat and other non-kosher ingredients), rendering the oven fully non-kosher and requiring complete kosherization prior to kosher production.

In such plants, the rabbinic field representative must see to it that the oven is heated to its maximum, which must be at least 950 F. Otherwise, a blow-torch is necessary to scald the oven’s interior. So, too, kosher product must be made on kosher-dedicated baking pans, which are sealed by the supervising rabbi between each kosher campaign. If dedicated pans are not used, the baking pans need to be passed through the oven during its kosherization or torched directly at 950 F (quite a scary scene, for those of us who have witnessed it).

All belts, trays and holding equipment which contact hot non-kosher pizza subsequent to its exiting the oven must be kosherized with boiling water. Practically, this is usually accomplished by using a steam generator (“genny” ). Steam is directed for long periods at all parts and equipment requiring kosherization, so that the steam condenses on the surface of the equipment and heats it to its maximum.

As in the case of cold-process plants, full-time rabbinic supervision is necessary for the entirety of kosher runs (and kosherization beforehand), and cold-use equipment (such as conveyors and packaging machinery) must be cleansed, ingredients must be monitored, etc.

Food-Service Establishments:
The above protocol is standard for all frozen pizza plants. However, the OU certifies many retail establishments whose main fare is pizza, and the kosher programs at these facilities have additional features.

In a food-service setting, the OU requires full-time on-site rabbinic supervision, despite the establishment being all-kosher. Many such establishments are Jewishowned, and are thus subject to a special requirement that a portion of each batch of dough — called challah — be separated as a tithe prior to use. The on-site rabbi usually handles this procedure. So, too, the use of fresh additives in retail pizza operations presents the need for careful inspection before use, as certain types of produce are very prone to infestation. The on-site OU rabbinic supervisor must be trained to target and inspect all such ingredients. (Included in the list of kosher-sensitive fresh produce are spinach, lettuce, broccoli, cauliflower and many leafy spices.)

The OU is proud to certify the following pizza companies and retail establishments whose main fare is pizza: Amnon Kosher Pizza, Continental Food Products, Eddie’s Broadway J-2 NYC Pizza (Brooklyn, NY and Manhattan locations), Il Patrizio, Macabee Foods, Mendelsohn’s Pizza, Mey Trading and Upscale Foods.

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As with many other food products, modem food technology has created new concerns for the kosher consumer. All dairy products, by definition, begin with milk, and milk from a kosher species of animal is inherently kosher.
Nevertheless. during the time of the Mishnah, our sages promulgated a number of special rules regarding kosher to address specific issues, one of which concerned the milk supply. Given the small number of animals owned by a farmer in the Middle East at that time, it was common for kosher cow ‘s and sheep’s milk to be mixed with milk from non-kosher species and sold on the open market as kosher milk. The sages were faced with the task of guaranteeing the integrity of the milk supply, and a special gezerah was issued to the effect that unless milk were supervised by a religious Jew from the time of milking, there was no guarantee that the milk was not adulterated, and the milk is to be considered completely non-kosher. The supervised milk is referred to as chalav yisrael.
This halachah is mentioned in the Mishnah, Gemara, and Shulchan Aruch, and the requirement that milk be supervised is binding halachah to this day.
In the United States today, the government guarantees the integrity and wholesomeness of the milk supply. It assures that all regular milk sold comes only from cows. With this vigilant supervision on the part of the USDA of the American milk supply, the question was posed as to whether, as a matter of halachah, we have the right to rely on such supervision to fulfill the requirement for chalav yisrael. This question was most recently addressed by Rabbi Moshe Feinstein, zt“l, who ruled that all milk sold in the United States, as well as in any country where milk is as strictly controlled, is permitted as a matter of halachah, and equivalent to chalav yisrael. Rav Moshe bases his ruling on the concept of anan sahadi: that given the nature of governmental control of the milk supply, we are considered to have direct knowledge of the status of the milk¹. In addition, other rabbis are of the opinion that the requirement of Chazal for Jewish supervision of milk was limited to locations where adulteration was prevalent, or that non-kosher milk is widely used. According to both of these opinions, regular milk sold in the United States is kosher². This position has been accepted by the OU as well as most major kosher certifying agencies in the United States. All references to the kosher status of milk in this article are based on this policy.
Chalav yisrael that is certified by the OU is marked specifically as chalav yisrael. Otherwise, regular milk bearing the OU indicates that there is a rabbinic supervision on the vitamins and other ingredients added to the milk. Traditionally, vitamin D is added to milk to ensure proper absorption of calcium, and vitamin A is added to low-fat milk to replace this vitamin normally found in the milk fat. Although the amounts of both of these vitamins are minuscule, they can be of non-kosher origin. Even though they can be considered batul – insignificant in terms of Jewish law – a kosher product should not rely on bitul on a regular basis. A reliable hashgachah guarantees the kosher status of all such ingredients. Chocolate milk can contain a number of questionable ingredients, such as flavorings and emulsifiers, and here again a hashgachah is necessary to ensure that these issues have been properly addressed.
Kosher issues regarding most milk products, therefore, are similar to those affecting other food products. Other than the milk itself, all other ingredients and the equipment on which it is processed must be kosher.
A recent trend in the dairy industry has been to address the use of milk products by those people who are lactose intolerant.
Lactose, or milk sugar, is a complex sugar that requires a specific enzyme (lactase) to enable a person to digest it. Many people stop producing lactase after childhood, and are unable to digest milk as adults. The industry has addressed this problem in two ways. The first is by inoculating milk with a bacteria which breaks the lactose into component sugars, allowing for easier digestion. The second is to add a lactase enzyme directly to the milk to yield the same result. Both of these additives can pose kosher issues, and again rabbinic supervision guarantees that these additives are kosher.
Milk is a very perishable commodity, and historically the only way to preserve milk was to ferment it and curdle it into cheese. In the olden days, naturally occurring bacteria would sour the milk, and rennet – an extract from a calf’s stomach rich in the enzyme rennin – was added to the milk to cause the casein protein to curdle. This curd was pressed into cheese, and the liquid that did not curdle was separated as whey. Each area where cheese was made had naturally occurring bacteria peculiar to that area – hence “Swiss” cheese came from Switzerland, “Gouda” from the Netherlands, etc. Today, these
bacteria have been isolated and stored for the cheese maker, so these cheeses are made throughout the world. Similarly, rennet is prepared from the stomach of calves and purified, so that this preparation is available on a commercial basis. Since kosher cheese requires the use of kosher rennet, production of such rennet was always difficult and in short supply³. One of the innovations in the cheese industry has been the development of so-called “microbial” rennets. Rennin (a protease enzyme, the active enzyme in rennet) is a protein produced in the stomach of a calf which breaks the casein molecule in a particular fashion to produce a soft curd. Within the past forty years, scientists have learned how to grow certain naturally occurring fungi in a manner in which they secrete a protease which closely mimics the action of natural calf rennet.
These proteases are now widely used to make cheese throughout the world. They are less expensive than natural rennet and have been refined to produce a very good cheese. However, they are not true rennets, and there is a perceptible difference between these rennets and the animal product, both in functionality and finished product. The kosher status of these enzymes is primarily contingent upon the media on which the organisms are grown. All kosher cheese made today uses microbial rennet.
During the past five years, however, scientists have used the art of genetic engineering to alter the genetic makeup of certain microorganisms (bacteria, fungi, and yeasts) with the same genetic coding a calf follows to produce true rennet. The new “microbial rennets” are virtually identical to natural calf rennet, yet since they are derived from innocuous microorganisms, their kosher status is the same as other microbial rennets.
Cheese makers now the have the best of both worlds -a kosher and uniform source of true rennet without relying on extraction from calf stomachs.
Since cheese making historically required the use of an animal derivative which would only be kosher if the animal were slaughtered by shechitah (and for a number of other reasons), Chazal made a special prohibition against cheese made by a non-Jew at the same time as the ruling for chalav yisrael was promulgated. However, there is a major difference between these gezerot, in that the prohibition against cheese applies even if all of the ingredients are known to be kosher.
This rule is referred to as gevinat akum. In order for cheese to he considered kosher – gevinat yisrael – it must use only kosher ingredients and be made by a religious Jew, the act of making cheese being defined as adding the coagulant, the rennet.
The only cheese products excluded from this requirement are those referred to in halachah as “soft cheeses.” The cheeses with which we have been dealing are known as “hard cheeses,” or “rennet-set cheeses” by the cheese industry. These include Muenster, Mozzarella, Swiss, Brie and Cheddar. There is another entire class of cheeses which are known as “acid-set cheeses.” Milk can be curdled in a number of ways, such as the addition of a strong acid or strong bacterial fermentation, and do not require the use of rennet. These cheeses include cream, cottage, and neufchatel cheese. The OU follows the rabbinic ruling that these products are merely fermented milk, and not true cheeses at all. As such, they are not subject to the rules of gevinat akum, and can be produced without the constant presence of a mashgiach, as long as all ingredients are kosher.
A hashgachah is still critical, since various cultures, flavors, emulsifiers, and stabilizers which can pose serious kosher concerns, are used in these cheeses. These products can indeed be produced by major companies as part of their kosher programs with no material impact on their cost of production.
Another popular product on the dairy shelf is yogurt. Yogurt is milk which has been fermented by a particular yogurt culture and is usually flavored with flavoring or fruit mixture. Unfortunately, many yogurts also contain non-kosher gelatin, and the flavorings can pose other kosher ingredient issues. Even the fruit preparations contain flavorings to enhance their “fruity” properties. It is therefore important to assure that yogurt be properly certified as kosher.
Another look through the dairy case will yield one of the great ironies of American labeling law – “non-dairy” milk products. The government requires that products containing casein – as opposed to milk – be labeled as “Non-Dairy.’ Casein is that portion of fluid milk which coagulates in the presence of rennet or strong acid, and is produced in a number of foreign countries from surplus milk. There is no question that according to halachah this product is milchig (dairy), regardless of domestic political considerations, This is a classic reason for the insistence of the OU that dairy products be labeled OU-D, even if labeled “Non-Dairy,” You will find this ingredient, or its caseinate salts, in coffee creamers, aerosol whipped toppings, and many baked goods. (See the Kosher column in Jewish Action, Summer 1992, “To ‘D’ or Not to ‘D’ for a fuller explanation of OU policy on OU-D labeling.)
Another dairy ingredient in common use is whey, the liquid that does not coagulate during the manufacture of cheese. Although a derivative of cheese manufacture, it may not be subject to the rules of gevinat akum. The rules regarding the kosher status of whey are dependent upon the manner by which it is produced and the ingredients used, and requires a reliable kosher certification. Whey and whey protein concentrate are important ingredients in ice cream and baked goods.
Speaking of ice cream, a reliable kosher certification is imperative. Certain emulsifiers and stabilizers are used which could be of animal derivation. Gelatin has been a major stabilizer used for this purpose, and is an ingredient in most marshmallow-type flavor such as “Rocky Road.” The flavorings used must likewise be verified as kosher. The public’s fascination with new ice cream flavors also yields new kosher problems. For example, the recently popular “cookies ‘n’ cream” flavor typically uses a cookie with lard as its shortening!
Not only does this invalidate the kosher status of those ice creams – its use also causes major problems for the kosher status of the entire dairy where it is produced. (Please note that there are a number of kosher versions of “cookies ‘n’ cream” ice creams. Check for a reliable hashgachah.) The complexity of the dairy industry today demands constant updating for rabbinic supervisors and certifying agencies. The next time you are in the market for “real” dairy products, make sure to look for a “real” hashgachah to ensure the integrity of your kosher kitchen.

¹ 1t is important to note however, that while Rabbi Feinstein’s position has substantial precedent, it is not universally accepted and he himself considered it proper to be more stringent and use chalav yisrael where possible. On the other hand, even according to the more stringent authorities, there is substantial disagreement as to the need for separate dishes between chalav yisrael and non.chalav yisrael, as well as the need for chalav yisrael in cheese, powdered milk and whey.

² Travelers beware: The heter (permission) to use non-supervised milk applies only in countries where the government maintains strict controls on the milk supply. There are a number of countries where governmental control is weak, and effective enforcement of food regulations is non-existent. In addition, non-kosher milk such as mare’s milk is a staple in certain parts of the world, and its availability could compromise any general assumptions as to the kashruth of the milk supply. A rabbi should be consulted regarding the use of milk in such areas.

³ Even if the rennet were derived from a properly slaughtered calf, would there not still be a problem of bassar b’chalav – mixing meat and milk? This issue is indeed dealt with extensively in halachic literature.

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General Requirements

The Gemara in Chullin (105a) quotes Rav Chisda, who states that one need not wait at all after eating cheese before consuming meat. However, if one consumes cheese and the plans to then eat bosor behemah or bosor chaya - animal meat, rather than fowl – one must ascertain that his hands are clean, and he must cleanse and rinse his mouth. (Gemara ibid. 104b and 105a). The sugya there elaborates on what constitutes proper kinuach and hadocho.

The Shulchan Oruch (Yoreh Deah 89:2) quotes the Gemara, stipulating that one may eat cheese immediately prior to meat, so long as he inspects his hands for any cheese residue before consuming the meat, and that – if one cannot ascertain the hands’ cleanliness – he must wash them prior to the meat dish. “One must cleanse his mouth (”kinuach“ -“cleanse” ) and rinse it (”hadocho“ – “rinse” ); kinuach is to chew bread and thereby clean his mouth very well. And one may perform kinuach with anything that he wishes, except for flour, dates and vegetables, since they adhere to the gums and do not cleanse well. And then one must rinse his mouth with water or wine. This is only for bosor behemah or chaya, but for fowl, there is no need for any cleaning or washing of hands.”

The above procedures, taken directly from the Gemara, seem pretty simple. However, the Nosei Kelim on Shulchan Oruch add a few noteworthy caveats.

The Shach (s.k. 9) quotes the Rif that one should always wash his hands after cheese before meat and not rely on visual inspection, as one cannot really tell if his hands are truly free of shamnunis – greasy residue – by merely looking at them, and the Shach quotes the Itturei Zohov who says that this is the minhag. In practice, one should conduct himself according to this position and always be sure to wash his hands after eating dairy foods before then eating meat.

The Be’er Hetev (s.k. 5) notes that the Pri Chodosh holds that one need not wash his hands before meat if he ate cheese with a fork, as the hands do not become soiled thereby due to lack of any direct contact with the cheese; it appears that the Be’er Hetev paskens this way l’halacha, and the Oruch Ha-Shulchan (89:8) holds like the Pri Chodosh as well. This is the accepted halacha. (Nevertheless, one must be very careful in determining if he really meets this criterion upon each dairy meal eaten with proper utensils. All too often does food eaten with utensils somehow end up on one’s hands! This almost inevitably happens in the course of eating, serving or cleaning up… )

Although the Shulchan Oruch states that one must first perform kinuach and then do hadocho, the Shach (s.k. 13) and Be’er Hetev (s.k. 7) contend that the order does not matter. The Shach quotes the Beis Yosef himself on the Tur (s.k. 11) that one may do kinuach and hadocho in whichever order he prefers. The halacha is as the Shach explains, and one may do kinuach and hadocho in the order of preference or convenience.

Although the Gemara and Shulchan Oruch state that kinuach is done with food, may a person fulfill the requirement of kinuach by brushing his teeth instead? This issue is not widely discussed by poskim, although the issue is debatable and should be referred to one’s individual rov. (There is a view that brushing teeth does not constitute kinuach, as a toothbrush does not rub against the insides of the mouth to cleanse it as does food; others argue that tooth brushing is fully effective.)

Is There a Waiting Period?

Once one has finished eating dairy food and has performed kinuach and hadocho and has cleansed his hands, can he eat meat right away? The Gemara does not stipulate any waiting period. In fact, the Shulchan Oruch (YD 89:2 – above) states that one may eat meat “miyad” – “immediately” – and the Rif, Rambam and Tur also do not record any requirement for a waiting period. However, the Zohar in Parshas Mishpotim (155a) indicates that one must bentch and wait an hour before being permitted to consume meat. Many conduct themselves as such and wait half an hour or an hour in light of the Zohar’s position, although the bottom-line halacha is not to require any such waiting period.

Hard Cheese

The Remo (89:2) adds that the minhag is to wait after eating hard cheese before partaking of meat, just as one waits after meat before dairy. The Maharshal (quoted by the Shach s.k. 17) disputes this approach and dismisses it as “minus” – heresy – as the Gemara specifically states that there is no need to wait at all after consuming cheese. The Gra (s.k. 11) writes that the Zohar in Parshas Mishpotim also endorses the position of the Remo, and the Gra takes issue with the Maharshal’s contention that the Remo contradicts the Gemara’s statement that one may eat meat after cheese, explaining that the practice to refrain from hard cheese before meat is a chumra (stringency) akin to other personal chumros practiced by the Amoraim and recorded in the sugya in Chullin.

Thus, from the words of the Remo, Shach and Gra, as well as the elaboration on the Remo by the Taz and Be’er Hetev, it is quite clear that one should conduct himself strictly and not eat meat after hard cheese. (The Mechaber omits this issue, seemingly holding that one may indeed eat meat right after hard cheese. Sefardim should consult their individual morei horo’oh [halachic authorities] as to how to conduct themselves.)

What Is The Waiting Period After Hard Cheese?

After eating meat, there is a machlokes as to how long one must wait before consuming dairy products. The Mechaber and Remo (YD 89:1) are of the opinion that the waiting period is six hours, although the Remo references various other prevalent opinions and customs, such as waiting for one hour or three hours. (German Jews traditionally wait three hours, while Dutch Jews wait only one hour.)

The various opinions and resultant minhogim revolve around Mar Ukva’s statement in the Gemara (Chullin 105a) that upon eating meat, he would wait “until the next meal” to partake of cheese. The question is how long the break period “until the next meal” endures? It may be short or long, depending upon how one defines the day’s meals; this is the issue upon which the machlokes hinges.

The poskim are clear that the waiting period after consuming hard cheese is identical to the waiting period after eating meat, before one wishes to partake of dairy foods. (See Taz 89:4, Aruch Ha-Shulchan 89:11, Chochmas Odom 40:13.) Thus, one should follow his personal custom regarding waiting after meat for the purpose of waiting after hard cheese.

A most critical question, however, is what constitutes hard cheese (for the purpose of waiting) according the Remo. Is all cheese which we refer to as “hard” included in this category? The answer is a clear “no”.

The poskim explain that cheese is considered to be hard for the purpose for waiting if it is six months old or if it is developed to the extent that it has holes (such as Swiss cheese – see Oruch Ha-Shulchan ibid.).

Many kashrus organizations take the position that the six-month period is not to be applied literally in determining whether or not a given cheese is “hard”. Rather, these agencies interpret the six-month period as a general indicator of cheese with unique “aged” qualities, holding that the six-month figure is not absolute. These kashrus agencies look to the cheese’s texture and only require waiting periods for cheese which is hard enough so that it shreds or grates when cut.

Along the same lines, if a cheese is specifically marketed by its manufacturer as “aged”, some kashrus organizations advocate a waiting period (even though the cheese will not necessarily shred or grate when cut), as the company which specifies that its cheese as aged is notifying consumers that the product has the distinct, long-lasting flavor associated with purposefully-aged cheese; it is precisely the long-lasting flavor quality of meat which engenders its waiting period according to many poskim, and – so, too in the case of aged cheese – its long-lasting flavor creates an obligation to wait after consuming it before eating meat, as the taste of the cheese lingers for quite a while. (See Oruch Ha-Shulchan ibid.)

Other kashrus agencies take a totally different approach. They hold that if cheese is six months old, it requires a waiting period, regardless of the cheese’s taste or texture. In fact, these agencies assure (by use of production-date codes) that the consumer is knowledgeable of the date of manufacture of any cheese it certifies so that the consumer can easily determine when the product has become six months old.

These kashrus agencies are aware that the date of manufacture is especially relevant for cheese with a long shelf-life. Many varieties of cheese (e.g. Muenster, Provolone, some types of Cheddar) are not aged by their manufacturers for significant periods of time, if at all. However, these cheeses may become six months old or more by the time they arrive on the consumer’s table, as they are well-preserved and are able to remain fresh for extended durations. These agencies advise that one wait before eating meat after consuming such unintentionally-aged cheese, whereas other major kashrus agencies do not endorse a waiting period in such cases¹.

“Ripening”

Consultations with dairy and cheese experts have revealed that cheese indeed continues to “ripen” (develop) even after it is packaged, but the extent and quality of such ripening depend on a variety of conditions, including the type of cheese, storage temperature and moisture level, as well as method of packaging.

Those who are machmir to wait after all cheese which is six months old, even if the cheese reaches the six-month period incidentally while sitting on a supermarket shelf, point to the ongoing ripening process even after packaging. Those who do not require waiting after such cheese hold that the rate of ripening after packaging is insignificant, as – if ripening after packaging would affect the cheese in any serious way, noticeably transforming the texture or taste – the manufacturer would not be able to sell stable and predicable product, for the ability of the cheese to ripen so as to materially change it would be present once the cheese leaves the factory. Although it is true that one can retain many non-aged cheeses well past their expiration dates and thereby cultivate a truly ripened, highly-enhanced product, this latter position points to the fact that cheese eaten within its expiration date is expected by the manufacturer to retain its qualities and characteristics as at the time of sale, when the cheese was surely not aged.

FDA regulations (CFR 21:133) provide aging periods for numerous types of cheese. In order for a company to legally label its cheese as being of a specific variety, it is required that the product be aged for a mandatory period; otherwise, the cheese does not meet the legal specifications of the variety. Among the listings: Cheddar, Edam, Emmentaler, Gouda, Provolone and Swiss cheese must be aged for at least 60 days; Romano and Sap Sago cheese must aged for at least five months; Asiago medium cheese and “hard grating cheeses” (all types) must be aged for at least six months; Parmesan and Reggiano cheese must be aged for at least ten months; hard Asiago cheese must be aged for at least a year…

Hard Melted Cheese

What is the din if hard cheese is melted? There is a well-known approach of the Yad Yehuda (YYK 89:30), who asserts that melted cheese is not subject to the Remo’s chumra. Some apply this ruling to all melted cheese (e.g. Parmesan cheese melted onto pizza), while others contend that the Yad Yehuda’s position only pertains to cheese melted into food (e.g. lasagna), whereas hard cheese melted onto food and cheese which is not part of a food at all remains subject to the Remo’s waiting period. Others apply the Yad Yehuda’s position to all cheese which has been melted, even if it has become re-hardened by the point of consumption.

Furthermore, not all poskim concur with the Yad Yehuda’s leniency. It is thus clearly necessary to consult one’s posek as to how to deal with the matter. The above was intended to merely lay out some basic approaches as to how to conduct oneself after consuming dairy before eating meat. As with any halachic topic, one should speak with his personal rov for guidance.

The two approaches as to how to define hard cheese for the purpose of waiting seem to hinge on an apparent machlokes (dispute) between the Shach and Taz. At face value, the Taz (89:4) presents the six-month period as a flat rule (“The shiur for ‘gevinoh koshoh’ [hard cheese] that the Remo wrote about is that which is six months old…” ), whereas the Shach (s.k. 15) writes that, “On average, if it is six months old, it is considered to be hard…”

Upon a careful reading of the words of the Taz and Shach, one can detect that they seem to differ in their views. Whereas the Taz gives six months as the shiur of time to render cheese hard, the Shach presents this period as a mere estimation. That is to say, the Taz seems to hold that the six-month period is what classifies cheese as “hard”, and one must follow this time period as the factor in determining the din (unless the cheese has holes, as the Taz writes), but the Shach holds that the shiur is not one of time per se but one of texture.

In fact, both the views of the Shach and Taz can be culled from examining the slightly divergent expressions in Darchei Moshe on Tur YD 89 s.k. 2.)

The post A Time to Eat and A Time to Wait appeared first on Kosher.

The above question is often posed to me and my colleagues in the kashrus industry. While the question is simple, the answer is a bit more complex.

Prohibition of Gevinas Akum

Of all dairy products, kosher certification of cheese is the most difficult. The Mishna (Avodah Zarah 29b) states that gevinas akum - cheese made by a nochri – is non-kosher (mi-d’rabbonon – rabbinically prohibited). Many reasons are offered in the Gemara (ibid. 35a-b) as to why Chazal forbade gevinas akum. Many prominent Rishonim and poskim (including the Rif, Rambam and Shulchan Oruch) follow the rationale advanced by Shmuel, who states that the gezerah against gevinas akum is due to the use of non-kosher animal rennet by nochrim in their cheese-making¹. Rennet is the enzyme which turns milk into cheese (as will be seen in more detail below), and it originates in calf stomach lining. Shmuel held that the fear that non-Jewish cheese may contain such rennet, derived from nevelah flesh, led Chazal to formulate a gezerah against such cheese. Even though hard cheese normally contains only a very minute amount of rennet (far less than 1/60), nevertheless, since rennet is a dovor ha-ma’amid (a material which gives the product its form), it is not botel (nullified) even in very small ratios. (Shulchan Oruch YD 87:11.) Thus, the fear that cheese may contain non-kosher rennet, which cannot be botel, was the motivation for Chazal to prohibit non-Jewish cheese.

In mainland Europe, the prevalent practice in cheesemaking is still to use animal rennet. In the United States and in England, microbial (artificial) rennet is typically utilized, and many varieties of Portuguese hard cheese are coagulated with thistle flower. However, even if the rennet is derived from kosher sources such as microbial rennet or thistles, halacha states that non-Jewish cheese remains forbidden as gevinas akum (Shulchan Oruch YD 115:2 based on Rambam Hil. Ma’achalos Asuros 3:14 ); only gevinas Yisroel ( “Jewish cheese” ) is permitted.

Gevinas Yisroel
How does one manufacture gevinas Yisroel? The Remo (YD ibid.) stipulates that Jewish presence is required when the cheese is made, and the Shach (ibid. s.k. 20) argues, holding that a Yisroel must himself actually add the enzyme that forms the cheese. The supervision provided by most kashrus agencies normally fulfills both opinions, such that when the mashgiach is present for cheese production (thereby fulfilling the Remo’s requirement), he personally adds the rennet enzyme to the milk for each batch of cheese (thereby fulfilling the Shach’s requirement¹).

In the case of many newer cheese factories, which use automated rennet feeders rather than manual incorporation of rennet into cheese vats, the mashgiach activates the rennet feeder for each vat, entering the control room for this purpose every 45 minutes or so to be ready for the next cheese production. In the event that the mashgiach cannot monitor vat activity from this area as well as in cases in which the milk or rennet is Jewish-owned, as will be discussed shortly), many kashrus agencies require the mashgiach to also maintain presence at the vat location, so as to be sure to provide the physical supervision as stipulated by the Remo.

What kind of cheese must be gevinas Yisroel? Common practice (adopted by many kashrus agencies, based on the rationale in Igros Moshe YD 2 s. 45 and approved by Rav Yosef Eliyohu Henkin) is to follow the opinion that that the gezerah of gevinas akum was only declared on hard cheese, as only hard cheese uses rennet to form into curd and was therefore subject to the prohibition. Soft cheese, such as cream cheese and cottage cheese – also called “acid-set cheese” – does not need rennet to coagulate, as it can acidify and form on its own, and such cheese is therefore not subject to the rule of gevinas akum. Nonetheless, the Aruch Ha-Shulchan (YD 115:16) and Chochmas Odom (53:38) seem to hold that even soft cheese is subject to the gezerah of gevinas akum².

Kosher Cheese Production
Although many poskim hold that cheese made from Jewish-owned milk is automatically gevinas Yisroel (Shach ibid., Chochmas Odom 87:7), and some consider cheese made from Jewish-owned rennet also to be gevinas Yisroel (see Pischei Teshuva 115:s.k. 6), there are – in actuality – very few Jewish-owned farms or cheese factories outside of Eretz Yisroel. Thus, most kosher hard cheese we purchase is manufactured at non-Jewish facilities, which schedule special kosher gevinas Yisroel campaigns with their kashrus agencies.

How is such kosher cheese produced?

All cheese begins with milk, which is usually pasteurized (heat-treated to destroy harmful bacteria). The milk is normally dosed with starter culture, which is non-harmful bacteria programmed to sour the milk for cheese-making.

The milk is then piped into a large vat, where other additives may be present. Vinegar may be used to control pH levels; non-fat dry milk may be added to lower fat content; cream may be added to raise fat content.

Rennet is then incorporated into the vat. Rennet causes the milk to separate into solid curd particles and liquid whey. The curd is collected and molded into larger pieces, after which it is cut.

Some types of Italian cheese (e.g. mozzarella) are made to be flexible and elastic, so as to melt well, stretch and retain their texture. These cheeses have to be cooked in a hot bath ( “cooker” ) after molding.

Before cutting to small sizes and packaging, cheese may need to be brined or aged. Brining is the process whereby cheese is immersed in a very long, spiral tank of salt water, so as to protect the product from spoilage and seal in moisture. Aging is often needed in order to develop the curd and bring out the flavor in many varieties of cheese. Some cheeses are also treated with enzymes called “lipases” which speed up the break-down of fat, thereby significantly enhancing flavor. (Standard lipase is derived from the tongue roots or stomachs of neveilah or non-kosher species of animals, although kosher and artificial forms of lipase are now more readily available.)

Equipment Concerns

Aside from assuring gevinas Yisroel and the kashrus of all ingredients, the kashrus agency must deal with many equipment issues in the above scenario. If the cheese is to be hot-process (i.e. the vat is heated to yad soledes bo [halachic cooking] temperatures when the cheese is made), such as with Swiss and Parmesan production, the vat needs to be kashered, as it has absorbed flavor from non-kosher cheese in previous use. Even if the vat is only used for cold-process cheese (e.g. cheddar or mozzarella), it must be thoroughly cleansed. (There is no problem of kovush [cold absorption over time], as vats do not hold milk or cheese for 24 hours or more.)

Cookers used for mozzarella cheese need to be kashered, and brine used for non-kosher cheese must be replaced. Brine tanks must be kashered or fully covered, so that kosher cheese not absorb non-kosher taste from the tanks’ walls.

All cheese cutters must be abrasively cleansed.

The mashgiach must be present for all kashering and inspection of equipment.

Control of Kosher Labels
How do kashrus agencies assure that non-kosher cheese is not labeled as kosher when the mashgiach is not present? How can one prevent the cheese plant from packaging its own (non-kosher) product in kosher labeling?

In the case of industrial cheese, it is somewhat straightforward. Most kashrus agencies issue letters of certification which state that the cheese is certified only when 1) the supervising rabbi’s signature appears on the packaging, 2) the cheese is accompanied by a letter from the kashrus agency covering each individual batch, or 3) special coded insignias unique to the mashgaich and kashrus agency are applied to the cheese. (The mashgiach controls these insignias and applies or issues them when he is present for kosher productions.)

However, in the case of retail product, the above options are often not practical, as the mashgiach cannot sign each small package of cheese or attach his insignia to it, nor can letters of certification for each batch be expected to accompany every pack of cheese on the supermarket shelf. Rather, for kosher retail cheese, the mashgiach himself must be in control of all packaging and he must meticulously monitor plant activity and production records. This requires a very adept mashgiach who is usually computer-savvy (often needing to program the labeling system to only print kosher packaging when he inputs his code, and able to scan production data via computer).

Hashgocho of retail cheese also requires more “negative supervision”, in which mashgichim are sent to visit the cheese plant when it is making its regular, non-kosher products, to assure that kosher labels are not applied at such times. (Negative supervision is needed for all non-kosher facilities which schedule special kosher productions, but it is more critical in the case of retail cheese manufacturers.)

Some wonder why kosher cheese is so expensive. Although most kashrus agencies are not privy to the product’s profit margin, it is clear that the amount of work involved to obtain the final product is immense.

¹ Other rationales presented in the sugya are that gevinas akum is forbidden because of the possibility of non-kosher milk in the cheese’s holes, giluy (milk left exposed overnight, which is or was a hazard), the surface of the cheese being smeared with lard, and use of orlah or non-kosher vinegar coagulants

² The Aruch Ha-Shulchan argues that even “our gevinoh peshutoh (simple cheese) which is not coagulated“ is prohibited as gevinas akum, as the gezerah was formulated as a dovor she-b’minyan (Maggid Mishneh on Rambam ibid.) and is thus binding even when the reason no longer applies. The Igros Moshe opines that such type of cheese – which does not use rennet as its standard coagulant – was not logically subject to the gezerah, whatever form the gezerah may have taken, as soft cheese is not in the same product category to which Chazal referred; Chazal were only concerned with rennet-set cheese, whether set by animal, vegetable or artificial rennet; cheese which does not use rennet for standard coagulation is not part of the category of cheese included in the prohibThis author thinks the language of the Rambam and Shulchan Oruch seem to support the Igros Moshe: “…They (the rabbis) banned all cheese of akum, whether they coagulated it with prohibited material or they coagulated it with permitted material…” (Rambam ibid. The Shulchan Oruch uses almost identical phraseology.) However, cheese which does not undergo any form of rennet coagulation at all is not referred to by the Rambam or Mechaber as included in the ban. ( Otherwise, and to be more precise, if they held that such cheese falls under the gezerah of gevinas akum, their language certainly should have included cheese which is “coagulated by permitted material or not (manually) coagulated at all…” ) Thus, it seems that the cheese of the Aruch Ha-Shulchan “which is not coagulated” and of the Chochmas Odom (67:7) “which occurs by itself” should not be part of the gezerah, according to the terminology of the Rambam and Shulchan Oruch; otherwise, the Rambam and Shulchan Oruch should have included it in their wording.

Furthermore, it is difficult to even assume that the definition of “cheese” in the Gemara and Rishonim includes what we today call “soft cheese”. The Gemara in Chullin (107b) states that one may place cheese and meat in the same container so long as they do not make contact; in case of contact, the Gemara says that the substances need to be washed off and that there is no need to peel off the contact surfaces. Rishonim and poskim quote this halacha. It is clear that the cheese referred to in the Gemara and Rishonim cannot include what we refer to as “soft cheese”, as this cheese is of a loose texture and commonly moves and even runs, and it would be impossible to state that it may be kept in the same container as meat, for the foods would surely contact due to the soft cheese’s loose consistency. So, too, it is not possible to peel or wash the surface of soft cheese, as there is no solid surface which can be washed or peeled. Thus, we see – at least from this halacha – that “cheese” in the terminology of the Gemara and Rishonim refers to hard cheese and not what we call “soft cheese”.

As noted, the Aruch Ha-Shulchan quotes the Maggid Mishneh (ibid.) as the source for his p’sak that all cheese – even soft – falls under the category of gevinas akum. However, the Maggid Mishneh’s own words do not seem to so indicate: “And this is what the Achronim z“l wrote, that even… if it is known that they (nochrim) do not smear the surface of the cheese with lard…and (even) if it is known that they coagulate the cheese with flower nips, nonetheless, their cheese is forbidden because it is a dovor she-ne’esar b’minyan.” If the Maggid Mishneh (and the opinions he invokes) truly held that soft cheese is subject to the gezerah, he should have written that “even cheese which cannot be smeared with lard [as it is soft and has no surface upon which to smear]…and [even] cheese which requires no (manual) coagulation, is all forbidden…” This would have accurately provided the expansive parameters which the Aruch Ha-Shulchan and Chochmas Odom advocate. Since the Maggid Mishneh limited his illustrations to cases which can only pertain to hard cheese, it seems very convincing that he only had such cheese in mind when addressing gevinas akum.

Despite these arguments, Rav Chisda in the Gemara (AZ 35b) offers a rationale that gevinas akum is prohibited because it is or may be coagulated with (non-kosher) vinegar, and Rashi (d.h. she-ma’amidin) explains that the vinegar about which Rav Chisda is concerned is used as a milk coagulant. Although vinegar is commonly used as an acidulant in both soft and hard cheese, Rashi holds that Rav Chisda addresses vinegar used to actually set cheese. This view, which is the simplest reading of Rav Chisda’s statement, supports the Chochmas Odom and the Aruch Ha-Shulchan’s p’sak that even soft (acid-set) cheese is prohibited as gevinas akum.

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Let’s digress a bit and peek into the world of frozen dessert production and its kashrus.
Ice Cream
Ice cream manufacture is somewhat complex, especially due to modern-day use of so many flavors and additives. Whereas old-fashioned ice cream was literally what its name states – cream (the fatty part of milk) that was frozen, sweetened and flavored – contemporary ice cream is one of the most complicated of dairy products.

How is ice cream manufactured in modern-day factories?

For the sake of clarity, we can break down ice cream processing into two phases:
1. Pre-pasteurization Phase
As is the case with most dairy products, ice cream must be pasteurized, which means that it is heated to very high temperatures in order to eliminate dangerous bacteria.

Prior to pasteurization, production begins with an ice cream base, which is a liquid blend of cream and other dairy additives. Cream is milk fat, and it is created by passing whole milk through a separator, which separates the milk into cream (milk fat) and skim (fat-free) milk. Some ice cream plants make their own cream from fresh milk, whereas others purchase it from outside cream sources.

The cream forms the bulk and body of the finished ice cream product. Some ice cream bases are intended to be low-fat, and non-fat dry milk (skim milk powder) or condensed skim milk are often incorporated in order to lower the fat ratio of the ice cream base. So, too, whey (a by-product of cheese-making) is often added as a low-fat, protein-rich filler.

Frequently, an ice cream base needs to be especially thick, smooth, light, or to have an otherwise enhanced texture. For this reason, stabilizers – ingredients used to endow a stable, specific texture – are used in many ice cream bases. These stabilizers can consist of gums, starches, gelatin (normally non-kosher!) and other components. Many stabilizers also function as preservatives, extending the shelf-life of ice cream, preventing it from prematurely decomposing into ice crystals. Sugars are also added to the ice cream base. These sugars are often in liquid form.

Most ice cream manufacturers use emulsifiers in their ice cream bases. Emulsifiers enable the blending of the various components of certain mixtures (such as the blending of oil and water based liquids) and create desirable molecular structures in the product. In the case of ice cream, emulsifiers also assist in the distribution of air in the product (to be discussed later in this article). Emulsifiers are often derived from fats (vegetable oil, beef tallow) by splitting the fat molecules into glycerin and fatty acids, and vegetable-sourced emulsifiers are often processed on equipment shared with tallow-based emulsifier production. Obviously, the kashrus of emulsifiers must be monitored extremely carefully.

Once the ice cream base is completed, it is homogenized, meaning that is sent though equipment (a homogenizer) that reduces the size of the fat (cream) globules and makes the texture smooth. The base is then pasteurized and is quickly cooled. In most cases, the ice cream base is homogenized and pasteurized repeatedly several times.
2. Post-Pasteurization Phase
After pasteurization, the product (hereafter referred to as the ice cream mix) is ready for further development. At this juncture, it is first aged, meaning that it rests for several hours in its cold, liquid state in order for its newly-formed molecular structures to stabilize.

Next, additives that could not be pasteurized (as the heat of pasteurization would damage them) come into the picture. The cold, still unfrozen mix travels through a flavor tank, where – you guessed it – flavors (as well as colors and variegates – confectionary syrups and ribbons, such as fudge, liquid peanut butter, marshmallow stripe, etc.) are added.

Subsequently, the mix enters a barrel freezer, where the mix is partially frozen, while lots of air is whipped into it. Without air to lighten it up, ice cream would be as heavy as an ice cube.

Following partial freezing and whipping, particulates – small solid and semi-solid materials (such as nuts, chips, candy bits) – may be added. Since the ice cream mix is not yet stiff, particulates blend in with ease.

The ice cream mix then moves to a either a filler, which fills it into containers, or into a molding machine, which shapes ice cream mix into molds, subsequently to be made into ice cream bars or sandwiches.

The product is then packaged, after which it is frozen solid (called hardening) in a blast freezer, where air at arctic temperatures is rapidly blown through to quickly harden the product, which can finally and legitimately be called ice cream.
Pareve Frozen Desserts – Sorbet, Water Ices & Twin Pops
These products’ manufacture follows the same basic route as ice cream.

A base is first made, consisting of water, sweetener and often stabilizers and emulsifiers. The base is then usually pasteurized, homogenized and cooled, after which flavors, colors and fruit purees may be added. Subsequently, the product is frozen, filled or molded, after which it is hardened.
Kashrus
To the surprise of most consumers, the majority of ice cream and frozen dessert factories (at least outside of Eretz Yisroel) which make kosher products are not fully-kosher facilities. This poses many serious challenges for kashrus agencies.

In order to address these challenges in an orderly fashion, let’s return to our two-phase ice cream production model and work through it as a mashgiach would.

Most ice cream and pareve frozen desserts are made without hashgacha temidis – full-time, on-site rabbinic supervision. Rather, a yotzei v’nichnas (in-and-out) mashgiach is assigned to conduct unannounced inspections as often as is deemed necessary. Thus, the kashrus agencies involved in these types of operations must implement iron-clad, ultra-tight systems to assure the kashrus of the products they certify, as the mashgiach is not there at all times to supervise.

In such cases, kashrus agencies insist that nearly every ingredient used in the ice cream base at the pre-pasteurization phase be kosher, regardless of the kashrus of the end product. The reason is that any non-kosher cream, whey, or other material used at this point may render the plant’s equipment non-kosher, since the blend is heated when it is pasteurized, and heat transfers non-kosher taste into equipment and compromises its kosher status. Therefore, even non-certified products must use kosher cream, whey, non-fat dry milk and so forth at the pre-pasteurization phase, or else the equipment will become non-kosher.

There is another reason for this zero-tolerance policy toward non-kosher ice cream base components. These components are of general use in most ice cream products, and there would be no way for a yotzei n’nichnas mashgiach to verify that the plant’s kosher ice cream does not contain non-kosher cream, whey and so forth, as these materials as not unique to product-specific formulas. Whereas some products have unique flavors and particulates, etc., enabling the mashgiach to track their use in many cases (see below), most ice cream base components are so general that ice cream factories’ documentation systems do not identify them by source.

An exception can be made, in very rare cases, for non-kosher stabilizers (which are more common in some other dairy products – especially yogurt and sour cream – but are somewhat less common in ice cream). Stabilizers typically form a very minute ratio of the finished product’s volume, and – when this is so – they are batel (nullified) as regards their ability to make production equipment non-kosher. Stabilizers are also very specific to each product’s formula, tailoring each product for a unique, targeted result; they are not general ingredients. Still, in such scenarios, the mashgiach must be able to track the exact use of each stabilizer to ensure that kosher-certified ice cream uses only kosher stabilizers, and this can be a tough task.

Emulsifiers are also used in miniscule ratios, but ice cream emulsifiers are more likely to derive from non-kosher sources than are ice cream stabilizers. Thus, the concern for their kashrus is very high, and most kashrus agencies do not permit the use of non-kosher emulsifiers in certified yotzei v’nichnas plants under any circumstances.

Aside from stabilizers, pre-pasteurization ingredients pose many kashrus issues that must be addressed by the certifying agency.

Although ”cream” generally refers to milk fat, as above, some ice cream plants use whey cream, which is a derivative of the cheese-making process, and is very kosher-sensitive. So, too, regular cream (technically called sweet cream) often contains some whey cream. Great vigilance must be exercised in assuring the acceptability of all cream used in the facility (see H-43).

Non-fat dry milk is usually far less of a problem, although it has proven to require kashrus certification, as it is dried into powder on equipment (called a spray dryer) that can be used for non-kosher materials. The same is true for condensed skim milk, which may share common condensing equipment with non-kosher products. Both of these items therefore need reliable hashgacha.

As noted above, whey is a by-product of cheese-making, and it needs reliable kashrus certification at all times.

At the post-pasteurization phase, things get less risky, but more varied. Although all additives are now incorporated at cold temperatures and the ice cream mix is rapidly passed though the production system, thus not posing any threat of non-kosher additives rendering the relevant equipment non-kosher, many plants do use an abundance of non-kosher variegates and particulates. Most marshmallow pieces are made from non-kosher gelatin (taken from the hides of pigs and nevelah cows); gum bits are usually not kosher (as the gum base may be made from gum powder dried on non-kosher equipment); some flavors have non-kosher components, and strawberry and other red colors and flavor/color blends often contain carmine, which is a dark red extract from beetles.

Most ice cream facilities utilize such non-kosher post-pasteurization additives. How can these facilities’ kosher products be properly certified?

Ice cream made without hashgacha temidis in plants that carry on non-kosher production needs to be manufactured as part of a kashrus system that accounts for and closely tracks the use of non-kosher additives. In these facilities, the mashgiach must know the formulas for all kosher ice cream products, and he must spend a lot of time reviewing the batch sheets (plant’s industrial recipes) and production logs to assure that non-kosher additives do not make their way into kosher products.

A major factor in this type of hashgacha is reliance on company records and procedures, and this can only be done if the records and procedures are in place for the company’s own needs; if a company records its formulas and keeps production logs solely for the mashgiach’s use, there is no way to rely on such data.

For example, if Jim’s Ice Cream Company features two types of Rocky Road ice cream – one with (non-kosher) marshmallow bits and one with (kosher) marshmallow ribbon variegate – and the plant does not normally record, as part of its internal, built-in protocol, what goes into each type of Rocky Road and relevant production data, then kashrus cannot be assured without on-site, full-time supervision when kosher product is manufactured, even if Jim, the plant manager, agrees to instruct his staff to record such information for the yotzei v’nichnas rabbi. Such information is not considered objective data that can be relied on for purposes of kashrus.

Thus, to sum up, certification is often granted with yotzei v’nichnas supervision at ice cream plants so long as there is a tight system to verify that: all pre-pasteurization ingredients are kosher; non-kosher post-pasteurization ingredients can be tracked, and there are objective records to confirm all formulas and production.
Hashgacha of Pareve Frozen Products
In nearly all cases, these types of products are manufactured in (dairy) ice cream plants. They share common pasteurization equipment, and kashering is therfore necessary to certify anything in these facilities as pareve. How is this dealt with?

The only area that needs direct kashering is normally the pasteurization line, meaning the balance tank (where product enters the system and its volume and flow are regulated), the pasteurizer and homogenizer. (The balance tank, homogenizer and pasteurizer are typically linked together.)

In hashgacha temidis operations, the mashgiach personally supervises the kashering. So long as the mashgiach understands exactly what must be done, per the directives of his kashrus agency’s office, it is simple enough.

In yotzei v’nichnas plants, kashering may at times be accomplished by working with the plant’s own sanitization system. This system, referred to as a “CIP” (Cleaning in Place), refers to the frequent, automated self-cleaning routine performed on all equipment, usually between each production campaign, as well as on a daily basis.

A standard CIP consists of several steps: a hot acid solution wash, a hot caustic solution wash, as well as a fresh water wash. Each of these steps may be performed repeatedly as part of every CIP, depending on the plant’s requirements.

Ideally, a yotzei v’nichnas hashgacha program would rely on a CIP system to actually kasher the equipment. All plants have built-in temperature recording devices that generate automated diagrams (called Taylor Charts), which enable the plant’s staff and government inspectors to verify temperatures reached at each CIP, and these charts should be able to be relied upon by a mashgiach as well. (The plant and government need to track CIP temperatures to assure that the equipment is cleaned well for reasons of product safety.)

The problem is that most CIP systems clean equipment at 160-180 degrees F, which is far below the required temperature for kashering with hag’alah (boiling water).

When this is the case, a kashrus agency often insists on hashgacha temidis for all kashering; alternatively, if the CIP system can be reprogrammed to always sanitize at hag’alah temperatures, it may be accepted as such, once it is rigged this way by the plant’s engineers and is then subject to a careful evaluation by a senior kashrus expert, who can verify that there is no way to perform a CIP any more at sub-kashering temperatures.

There is a significant aspect of kashering that is easy to miss. Pasteurization is usually performed by product passing through a heat exchanger (equipment where heat is rapidly transferred to and away from the product at great volumes). Heat exchangers in ice cream plants normally operate via “heating water” on the other side of the equipment’s internal wall that the product contacts, so that the heating water’s heat passes through the wall into the product and rapidly heats (pasteurizes) the product. Since we hold that taste of non-kosher or dairy materials may penetrate a wall which has kosher or pareve product on the other side (Yoreh Deah 92:5), the kashrus of the heating water becomes an issue, as the heating water has possibly absorbed taste from (dairy) ice cream through the heat exchanger’s internal wall, and that same heating water is now heating pareve product though that same wall, passing along heat and perhaps dairy taste.

To address this matter, kashrus agencies insist that new heating water be used for pareve production, or that the heating water be pagum – embittered with caustic chemicals – prior to pareve production. Verification that this is properly done may be difficult without personal confirmation by the mashgiach, as heat exchangers do not have automated recording devices to indicate when heating water is evacuated, and there is no easy way to assure that the embittering chemicals are present, short of personally sampling the heating water for bitter taste.

There is yet another challenge to kashering in ice cream plants, and this challenge applies to most kashering situations, including those done with a mashgaich temidi. Halacha stipulates that hag’alah cannot be done unless the equipment to be kashered is aino ben yomo – unused for hot foods in the 24-hour period prior to kashering. (Yoreh Deah 103:5) Most dairy factories operate every day, meaning that there is not a 24-hour period when the plant is shut down for its equipment to achieve aino ben yomo status. Many kashrus agencies adopt the position that embittering the equipment with a caustic solution at hag’alah temperatures is the equivalent of attaining aino ben yomo status, as caustic solution – like down-time of 24 hours – damages any taste absorbed in the equipment and enables hag’alah (Yoreh Deah 95:4, Chochmas Adam 48:16; see Aruch Ha-Shulchan 94:24), while other agencies will only certify pareve products at plants that they can assure are down for 24 hours prior. (Such plants usually shut down on Sundays.)
Rework
In modern food production, virtually nothing is wasted. Rejected product finds it way to new use, and by-product and refuse are recycled into all types of concoctions.

It is quite common for ice cream to be “off-spec”, meaning that it does not meet the specifications of the plant. Such ice cream may be too thick, lumpy, or thin; its flavor may be off; its color may not be the shade it was intended to be, and so forth. In such cases, the ice cream is often reworked back into the pasteurization system and re-used in a different flavor or variety of ice cream, where its value can be salvaged.

The most common type of rework involves chocolate ice cream. Due to its strong, thick and heavy taste, chocolate masks other flavors that may be blended into it. Therefore, ice cream plants most commonly rework off-spec ice cream of most other flavors into chocolate ice cream. Coffee and other dark, heavy varieties of ice cream can also contain rework.

When ice cream plants are not all-kosher, it is a big concern, as the kashrus agency must be able to verify that non-kosher rework is not used in kosher product.

Ice cream with allergens (nuts, wheat, etc.) is usually not reworked, and the same generally holds true for ice cream with exceptionally strong or tart flavors. So, too, ice cream varieties which contain particulates (such as non-kosher marshmallow pieces and gum bits) are not usually reworked. However, these are not hard rules. In fact, one ice cream plant visited by this author had equipment to sift out particulates from rework and use the remaining ice cream blend for incorporation into other types of ice cream. Obviously, this process does not eliminate every bit, fleck and residual taste of non-kosher particulates, and it thereby needs great scrutiny. The only rule here for a kashrus agency is that each case must be evaluated on its own and fully investigated, as anything is possible.

Ice cream is not what it used to be, nor are the (now massive) requirements of its kashrus supervision. To certify ice cream, kashrus agencies must be thoroughly familiar with both food technology and halacha.

The post Ice Cream and Other Frozen Desserts appeared first on Kosher.

Whey to Go: How Cheese Is Made

Technically, cheese is broken down into two distinct categories: acid-set cheese and rennet-set cheese. Acidset cheese (“soft cheese” ) refers to cream cheese, cottage cheese, farmer cheese and other cheeses produced by adding bacterial cultures to milk. This results in the formation of soft cheese curds and whey.

Rennet-set cheese (“hard cheese” ) generally refers to cheeses such as cheddar, mozzarella, provolone and hundreds of other types. These cheeses are produced by adding rennet enzymes to milk, whereupon somewhat firm cheese curds form, accompanied by liquid whey.

All cheese production involves gathering the curds together and removing the whey. The curds are then either kept loose or molded tightly. Subsequently, they are processed in a multitude of ways.

In addition to milk and rennet, various other ingredients are used in most cheese making. Cream (milk fat) and non-fat milk powder are often added to modify the product’s fat ratio; vinegar may be added to adjust the pH of the milk prior to conversion into cheese, and additional cultures and enzymes are commonly added to achieve various flavors as well as to prepare the milk for interacting with the rennet. All of these ingredients help explain how there can be over one thousand varieties of cheese in the world today.

Hard Facts about Hard Cheese

While all hard cheeses include rennet, they vary greatly in how they are manufactured. Parmesan cheese is produced by adding rennet to scalding hot milk and then aging the cheese for over a year until it is quite firm. Mozzarella cheese is cooked and stretched in a large tub after it is formed, resulting in a unique elastic texture, ideal for pizza and lasagna. Mozzarella and many other cheeses are brined, that is, submerged into a salt-water solution to protect the cheese from spoilage. Cheddar cheese is manufactured at cool temperatures and is often aged.

Aside from creating a firm texture, aging provides for a uniquely sharp taste. The more cheese is aged, the more powerful its flavor. (Just compare sixmonth- old cheddar to its two-year-old counterpart; they are worlds apart in taste.)

Nearly every country in the world has its own varieties of cheese, developed over hundreds, if not thousands, of years. Cheese connoisseurs regard European cheeses as the finest. France boasts Camembert; Switzerland has Swiss cheese (Emmentaler); England gave birth to cheddar, double Gloucester and Cheshire cheeses, and Greece is known for feta cheese. (America has not developed any cheeses of its own. American cheese is not pure cheese; rather it is a blend of already-made cheeses—mostly cheddar—which is melted, hardened and sliced. Think of the hot dog—a collection of various scraps of meat that is mixed together with added spices and molded into a new piece of meat; American cheese is the United States dairy industry’s equivalent.)

FAQ: Most Frequently Asked Questions about Kosher Cheese

How is cheese made kosher?

As with any food, all of the ingredients in the cheese as well as the equipment used during the manufacturing process must be kosher. However, a special prohibition makes kosher certification of cheese a bit more challenging: the ban on gevinat Akum (“non-Jewish cheese” ), which means that cheese made by non-Jewish companies and/or individuals is not kosher.

What is the source for gevinat Akum?

The Talmud (Avodah Zarah 29b, 35a-35b) states that the sages of the Mishnaic period forbade eating cheese manufactured by non-Jews. Although the Talmud offers various reasons for this prohibition, most halachic authorities maintain that the ban was made because of the use of rennet in cheese making. Since rennet was traditionally derived from the lining of a calf ’s stomach, Chazal forbade non-Jewish cheeses because of the likelihood that they contained rennet from calves that had not been slaughtered in accordance with halachah.

It is important to note that the prohibition against gevinat Akum is not at all related to the kosher regulations regarding milk (chalav stam and chalav Yisrael—unsupervised milk and milk under Jewish supervision). Those who consume chalav stam are fully bound to adhere to the prohibition against eating gevinat Akum. Gevinat Akum is deemed non-kosher under all conditions, rendering the utensils and cookware used in making and serving it non-kosher as well.

Can the miniscule amounts of rennet used in hard cheese render the product nonkosher?

A product containing a minuscule amount of a non-kosher ingredient is often regarded as kosher, as the non-kosher substance is batel, or nullified. However, rennet used in hard cheese cannot be batel because of the halachic axiom that a non-kosher ingredient that gives a product its form—called a davar hama’amid—is never nullified (Yoreh Deah 87:11). Even trace amounts of such an ingredient can affect the kosher status of a product. Rennet is one of the most potent food enzymes, and it is therefore used in hard cheese in minute amounts; nevertheless, it cannot be batel.

Aren’t some cheeses made from non-animal derived rennet?

In today’s world of advanced food technology, much of the rennet used is microbial, that is, artificial. Nevertheless, mainstream halachic literature posits that Chazal banned all cheese made by non-Jews, irrespective of the presence of animal rennet, as a precaution against the consumption of actual non-kosher animal rennetbased cheese (Rambam, Hilchot Ma’achalot Asurot 3:14 and Shulchan Aruch ibid., 115:2). Thus, cheese made from artificial rennet (as well as Portuguese hard cheese made from thistleflower rennet) is not kosher when manufactured by non-Jews.

It should be noted that the bulk of today’s cheese manufactured in mainland Europe does contain animal rennet. Furthermore, lipase—an enzyme added to some cheeses to hasten the breakdown of fat and endow a more powerful flavor—is almost always animal-derived (lipase is extracted from the tongues of domesticated animals), although artificial lipase substitutes are becoming more widespread. Romano cheese is usually treated with goat, lamb or kid lipase, and blue cheese often contains calf lipase.

Animal rennet and lipase can be kosher, however. If the kosher source animal is slaughtered, de-veined, salted and processed according to kosher law, its rennet and lipase are fine for kosher use. (There is no halachic problem with using animal-derived enzymes in cheese [mixing meat and milk] since the amounts used are miniscule. Moreover, the enzymes are not cooked with the milk, and they are flavorless. Also, the davar hama’amid principle cited earlier only applies to non-kosher substances, and the enzymes are actually kosher.) Still, even cheese made with glatt kosher animal rennet and lipase is considered gevinat Akum when manufactured by non-Jews, as the sages created a general ban on such cheese.

How does one make gevinat Yisrael?

Some halachic authorities rule that to satisfy the gevinat Yisrael requirement, a Jewish person must be present to supervise the cheese making and ensure that only kosher rennet is used; others hold that a Jewish person must personally add the rennet (similar to “bishul Yisrael ” and “pat Yisrael,” which are satisfied only if the Jewish person is actually involved with cooking or baking the food). The OU follows both halachic opinions and insists that rabbinic field representatives supervise all kosher cheese productions and add the rennet as well.

In modern cheese facilities, rennet is often not added manually. Rather, it is dosed into cheese vats via automated rennet feeders. In such cases, the rabbinic field representatives activate the rennet feeders for each vat of cheese produced. Cheese made in Jewish-owned plants is automatically considered gevinat Yisrael, thereby alleviating the need for full-time rabbinic supervision or involvement (Shach on Yoreh Deah 115, s.k. 20).

Does gevinat Yisrael also apply to soft cheeses?

This, too, is a point of dispute. Some halachic authorities maintain that gevinat Yisrael applies to all cheeses. Others contend that only cheeses with rennet are subject to this rule. The OU and most of the other kosher certifying agencies adopt the latter position, and on-site full-time supervision is thus not required for acid-set cheeses. (Of course, the ingredients and equipment must be kosher nonetheless, and a reliable kosher symbol must be present on the package.)

Why is kosher hard cheese so expensive?

The cost of sending rabbinic field representatives to far-flung places to supervise hard-cheese production for days on end is significant. Kosher cheese manufacturers will naturally need to charge more for their products to cover the costs involved.

Furthermore, nearly all domestic and European hard-cheese plants are non-kosher when not doing special kosher cheese productions. These plants schedule kosher campaigns sporadically in the midst of their normal nonkosher activity. Thus, aside from supervising the cheese manufacturing process, the rabbinic field representatives often need to kasher (or supervise the kashering of ) each plant before every kosher production. This can take days to complete, and it is not simple work.

The kashrut rules for cheese are among the most mysterious to the average kosher consumer. Even otherwise scholarly and erudite members of our community are often “in the dark” as to what makes cheese kosher (and why they pay more for it!). It is hoped that the above discussion sheds light and unravels some of the mystery.

Reprinted with permission from Jewish Action Winter 5766/2005 the magazine of the Orthodox Union.

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Presently, a great deal of the commercial salmon is not captured from the wild, but rather it is raised on a salmon farm. This process, known as aquaculture, seeks to raise salmon to be as similar to wild salmon as possible. In nature the salmon’s red flesh color comes from a carotenoid that wild salmon absorbs (amongst its other dietary staples) from ingesting shrimp, lobster, or krill. Farmed salmon however, lack this element from their diet, and without supplementation would be pale instead of an appetizing red. Though this pale salmon is perfectly healthy, marketing experts found that consumers would generally prefer to buy salmon whose looks share the ruddy hue of wild salmon.

Therefore despite a significant increase in expense , synthetic² versions of the carotenoids astaxanthin and canaxanthin are added to the salmon’s diet to help bring color to its flesh.

Knowing that synthetic carotenoids are able to create a red color in salmon has lead some to question the propriety of accepting red colored flesh as a siman of kashrus in fish. If synthetic carotenoids can be used to “dye” salmon flesh couldn’t they be used to color the flesh of non-kosher fish as well? In its efforts to continue to research the matter, the OU embarked on a fact-finding mission, to consult with field experts in order to determine whether or not this concern was justified.

Most of the researchers we contacted in the U.S., Canada and Norway (the three primary areas of farmed salmon research) noted that in nature many fish live in the same habitat as the salmon and share similar diets. Despite this fact, we see that the carotenoids they ingest do not pigment their flesh. It may on occasion color their skin³ but their flesh will remain white. This indicates that these fish are naturally incapable of depositing astaxanthin into their flesh.

Dr. Bjørn Bjerkeng⁴ reported that that after having been personally involved in multiple experiments of astaxanthin feeding trials with white-fleshed fish species (types of fish that do not naturally metabolize carotenoids the same way as salmonids do), he found that even ingesting large quantities of carotenoids could not color the fish flesh. Though the other fish may deposit small amounts of pigment in their flesh this would not be enough to mimic a salmon.

The majority⁵ of the researchers contacted concluded that there is no reason to be concerned that someone could feed astaxanthin to non- salmonid fish and color their flesh. Dr. Remi Baker⁶ explained that salmon muscle is able to bind astaxanthin unlike the muscle tissue of other types of fish. Although other fish maybe able to incorporate small amounts of astaxanthin in their flesh through a passive process the salmon is unique in its ability to actively attach the pigment to its flesh.

Dr. Hannah Rajasingh⁷ provided the lone dissenting opinion. She wrote, “If any fish is fed very high levels of carotenoids it would end up having a pinkish-red tinge to its flesh.” She compared this to the phenomenon known to take place in human skin when large amounts of carotenoids are ingested. She did note that the experiments on halibut, catfish etc. have shown that non-salmonid fish are not able to pigment their flesh when normal levels of astaxanthin are added to their diet. Her basis for this assertion was an article by S. Applebaum⁸ describing an experiment in which catfish were fed high levels of astaxanthin which added some color to its flesh. It is important to note that she agreed that even when fish were subjected to high levels of astaxanthin as was done in Applebaum’s experiment the fish would not become anywhere near red enough to mimic the flesh of a salmon or trout. Furthermore, other experts questioned the validity of the article in the first place noting that there was no indication it was submitted for peer review. Additionally Dr. Bjerkeng pointed out that the article did not tell anything about carotenoid levels, but rather only about relative concentrations. He added, “the absorbance of the carotenoids treatments are rather unimpressive compared to the control and my guess is that it is not [sic] looking anything like properly coloured salmon.”

Dr. Baker and Dr. Lall⁹ agreed. They noted that the catfish in the experiment started off very pale and even though it absorbed four times as much pigment by the end of the experiment this would still leave it very pale. Even with the extremely high level of pigmentation in its feed the catfish did not obtain the level of pigmentation that a salmon would have. Moreover, both of them pointed out that although the catfish may be able to absorb the pigment it would not be able to bind the astaxanthin it its flesh and retain the color as explained previously. Thus the white fleshed fish would revert back to its pale color soon after they stopped feeding it the carotenoid. Dr. Rajasingh concluded that feeding the non-kosher fish high levels of astaxanthin to market them as salmon would be at least economically unfeasible¹⁰ .

Several researchers¹¹ confirmed that the scientific mechanisms that enable only the salmonids to deposit astaxanthin into their flesh are not well known. Dr. Bjerkeng wrote that based on recent reports and his own experimentation, he believes that the reason for the differences among different species of fish is due to “uptake at the muscle cell level”, and “receptor expression”. He added that metabolic transformation rate also plays a role. Though the mystery has not yet been solved, he is optimistic that future research will reveal the reason why apparently only salmonids were created with the ability to deposit carotenoids into their muscle tissue.
In short, the consensus of researchers expert in the area of carotenoid absorption conclude that there is no concern of carotenoids (or any other coloring agent) being fed to a non-kosher fish to color its flesh and substitute it for salmon.
A second potential concern is that someone would inject dye into the flesh of a non kosher fish to make its flesh red.

In fact there are companies in Norway which dye strips of Saithe and sell it as an imitation smoked salmon. Couldn’t someone also do this to a whole raw fish?
In order to properly evaluate this concern, we must break down and analyze every aspect individually. The first point we must evaluate is if there exists a traif fish that is similar enough to salmon that when dyed it could be substituted for salmon¹² . In fact many of the available sources of non kosher fish vary greatly in size from salmon. Catfish for instance is much smaller than salmon and would be too small to even slice into lox¹³ . Eels, sharks, monkfish and sturgeon are also not of similar size to even potentially be passed as a salmon.

Next we must compare the differences found in the flesh itself. Differences in texture, grain, moisture levels, oil content and fat line are often found which would prevent other fish from being substituted for salmon. This is the case with sturgeon as the texture of its flesh is not comparable to that of the salmon. Texture of the fish’s flesh is a very important determinant of how the fish will accept and spread the dye as well.
The flesh of monkfish and of a catfish for example, is relatively soft to begin with making it harder to inject dye into such a fish. Some thought the flesh might “turn to mush” if injected and also noted that there would be difficulties with the dispersion of the dye because of the meat type. The density of the flesh also plays a significant role in the acceptance of the dye. Some thought shark would not take the dye because its flesh is so much denser than that of the salmon.
Some have suggested that softer fish could simply have color applied by soaking the fish in brine or by having the color sprayed on. It is important to note that fish that are not injected could only hold color on the outside, but the color would not be absorbed throughout the fish. For this reason needles are needed to get to the dye into the middle of the fish. This can sometimes leave another telltale sign that the fish has been dyed. This would be holes or slits placed every half inch or so.
After the injection is administered the fish is often soaked in a cover brine of dying solution to even out the injected color, which does not spread out evenly in the fish’s flesh. This brine is a blend of dye, salt and preservatives. The dyed fish will retain the salt creating another obvious indication the fish has been dyed. If the fish were not soaked in brine or saltless brine was used, it would be easy to tell that the fish had been injected. For one reason without salt the flesh would become rather mushy, (salt reduces the moisture level, keeping the flesh in tact better). In addition, there would be an obvious asymmetry in the color (the salt serves as a carrier which helps the dye migrate to all parts of the fish). For this reason dyed fish are usually smoked.

Technological advances have not yet found a way to stop the color from coming out of the fillet during cooking. Since people would surely notice the fish was dyed after they started cooking it dyers would be forced label the fish as such, otherwise they would surely be caught committing economic fraud. This reason alone would prevent even the most unscrupulous fish seller from adulteration.

Additionally, one must consider whether there is a motivation for one to commit economic fraud by dying non-salmon in order to sell it as salmon. Sturgeon is more expensive than salmon so there would be no motivation to commit economic fraud and sell it at a lower price. Anyone who tried this would not be in business too long. Even the dying of a cheaper fish should not be a major concern. There aren’t many traif fish that are significantly cheaper than pale salmon. In addition, someone caught adulterating fish in this way (as opposed to simply “switching” a more expensive species for a cheaper one) would undoubtedly suffer significant consequences if caught.

FDA and Department of Agriculture inspectors inspect plants regularly. For troublesome companies and individuals who are suspected of fraud they visit more often. Packaging that does not say color added may not contain dyed products and, as mentioned, the FDA does enforce this law. In addition they would need to falsify records and this would result in serious legal consequences for those who are caught. Also, the industry itself practices self-policing as companies perform self reviews. This makes it much harder to get away with economic fraud and the harsh penalty should deter those who would otherwise take the risk.

Clearly the risks of economic fraud would outweigh the potential reward of a small financial gain. Moreover, one must note that there would be other technological investments necessary in order to carry out this type of scam. To make an imitation salmon fillet that mimics the real thing would be very difficult when dealing with a generation accustomed to the eating of authentic salmon.

In conclusion, those organizations accepting salmonids as kosher without skin have sound reasons to maintain this policy in the face of the various concerns addressed above. Some may disagree with this conclusion. However, it is important to realize that throughout Shulchan Aruch, a Rav is always expected to judge based on realistic concerns, not on the theoretical. It is the job of responsible Rabbonim, and kashrus certifying agencies, to investigate potential concerns and evaluate the situation at hand. In this case, it is clear that if you’ve caught a fish “red-fleshed”, it is still the same salmon you thought it was.

¹ This is not an extension of the Beis Yosef’s mesorah regarding red fish roe (see Shulchan Aruch 83:8 and Shach ad loc. #27). See DafHaKashrus Vol XI:8 article by Rabbi C. Goldberg March 2003.

² Experts estimate the increased cost of adding carotenoids to salmon feed at being between 10 and 25% of the entire feed cost, adding significantly to the retail price of the fish.

³ Rabbi Goldberg noted that cantaxanthin has been marketed previously as an artificial tanning pill, as humans deposit free carotenoids in their skin, the similar to the way that salmon deposit them in their flesh.

⁴ Of AKVAFORSK in Norway which is a leading institution for research, in the field of aquaculture. He was recommended as “the world’s leading capacity in this field”, an “astaxanthin expert” and has written a review article entitled “Carotenoid pigmentation of salmonid – recent progress.”

⁵ Experts familiar with the way carotenoids work (and able to cite proofs to this effect) confirmed that they believed that salmonids were alone in their ability to absorb carotendois in this way.

⁶ The resident technical expert for carotenoids who is located in the BASF Germany HQ and is a member of the BASF Global Tech Services team.

⁷ From the Center of Advanced Genetics at the Norwegian University of Life Sciences (UMB). She coauthored an article about carotenoid dynamics in Atlantic salmon with Dr. Våge who disagrees with her.
fn8. of the Ben-Gurion University of the Negev

⁹ Group Leader, Aquatic Animal Health & Nutrition/ Principal Research Officer National Research Council Institute for Marine Biosciences.

¹⁰ Several of the other experts also pointed this out. One noted this would double the cost of catfish feed.

¹¹ Dr. Bjerkeng, Dr. Hatlen (of AKVAFORSK) and Dr. Baker.

¹² The information that follows was gathered through conversations with Mr. Alan Levitz of Banner Smoked Fish, Ms. Karen Evich of Q Sea Specialty Services, Mr. Donald Rader of Three Star Smoked Fish Co. Inc and Dr. Meyer a senior OU Mashgiach.

¹³ The significance of lox will be discussed later on.

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Why did the Talmudic rabbis determine that we must wait?

Rambam explains that meat tends to get stuck in one’s teeth, and if one consumes dairy shortly after eating meat, the two may mix in his mouth (Hilchot Ma’achalot Asurot 9:28). Rashi maintains that since meat leaves fatty residue and an aftertaste, time is needed to allow them to dissipate (Chullin 105a). While these reasons do not apply to poultry, waiting was mandated on all types of meat, be it fowl, livestock or wild beasts.

How long must one wait after eating meat before eating dairy?

The Talmud relates that the great sage Mar Ukva contrasted his approach to waiting after eating meat with that of his father: “If Father would eat meat now, he would not eat cheese until the next day at this time. I, though, will not eat [cheese] at this meal, but I will do so at the next meal” (Chullin 105a). Mar Ukva’s father was super-stringent and went beyond the requirements, whereas Mar Ukva went according to the letter of the law.

Mar Ukva’s practice of “waiting until the next meal” is seen by halachic sources as being the basis for the requirement to wait after eating meat before eating dairy. Posekim, however, do not agree on how long Mar Ukva waited. Some opine that Mar Ukva simply provided us with a general rule: Do not combine dairy and meat at the same meal; and, if you eat a meat meal, you cannot have dairy until the meat meal has been completed. Any further waiting is optional. Others maintain that Mar Ukva advocated waiting a specific duration of time, and that this is what halachah requires.

The Shulchan Aruch presents various approaches. In Yoreh Deah 89:1, Rabbi Yosef Karo—whose authority is binding on most Sephardic Jews—states in no uncertain terms that one must wait six hours after consuming meat before eating dairy. On the opposite end of the spectrum is Rema—whom Ashkenazic Jews follow—who posits that the rule is to not consume meat and dairy in the same meal. While Rema maintains that, according to the letter of the law, one may eat a meat meal, recite Birkat Hamazon and then immediately begin a dairy meal, he asserts that Ashkenazic Jewry has accepted the custom of waiting between meals, and this is a practice that is binding on all Ashkenazim.

Rema further explains that though the custom in his community (Krakow) was to wait an hour between meals, one should wait six hours. Nowadays, most Jews wait six hours, though Dutch Jews wait one hour, and German Jews wait three hours.

(It should be noted that instead of stating that one must wait six hours between eating meat and dairy, Rambam [Hilchot Ma’achalot Asurot 9:28] states that one must wait “about six hours.” Rambam’s intent is a point of dispute among halachic authorities. Some interpret this to allow for a five-and-a-half-hour waiting period.)

Why are there such diverse views on waiting?

It all goes back to Mar Ukva’s statement about waiting “until the next meal.” Some interpret the “next meal” to mean six hours, the average amount of time from lunch to dinner or from a late breakfast—“brunch”—to dinner. (In Talmudic days, most people ate only two meals: “brunch” and dinner.) Others believe Mar Ukva meant that one should wait an hour, the amount of time it takes for digestion to begin (Chochmat Adam 40:13). Those who wait three hours may understand Mar Ukva to be referring to the interval between breakfast and lunch, rather than that between lunch and dinner.

Sephardic Jews must wait six hours as a matter of halachah; there is no room for divergent customs or leniencies (unless there is a medical need, of course). Ashkenazim, however, wait as a matter of accepted custom, similar to the Ashkenazic custom to refrain from eating kitniyot on Pesach. For Ashkenazim, it is always necessary, however, to recite the required berachot upon completing a meat meal before eating dairy. The berachot serve to separate the meals. If—after waiting the requisite period of time—one finds meat stuck between his teeth, he must cleanse his teeth and rinse his mouth. There is no need to wait any longer. (There is also a machloket regarding the one-hour period. Some posekim rule that a person who always waits one hour needs to clean his mouth before eating dairy, whereas others disagree.)

Do children have to wait between meat and dairy meals?

Although children who do not yet have a basic understanding of a given halachic principle are not bound to observe it, it is prohibited for an adult to directly cause a child to violate halachah. Therefore, one is not allowed to feed a child—or even an infant—meat and dairy together. (The general rule is that an adult may not make a child transgress a Biblical prohibition. Some halachic authorities make exceptions for rabbinic prohibitions in certain cases. The overall topic is very complex and is beyond the scope of this article.) Very young children who do not understand the basic principle of not mixing meat and dairy do not need to wait. Once a child has a minimal understanding of the prohibition, he should wait an hour after eating meat before eating dairy. As a child grows older, he should be encouraged to wait longer (unless he is from a Dutch family). The exact amount of time to wait depends on the child’s maturity and ability to wait; other factors may also be considerations. (For example, if a child’s younger siblings are allowed to wait less time, and this may cause him to view the halachah negatively, this must be factored into the decision.) Consult a competent rabbinic authority for guidance.

Must one wait after a dairy meal before eating meat?

After eating dairy, one can eat meat so long as he does the following: 1. separates the meals by reciting the necessary berachot, 2. cleanses his mouth, 3. rinses his mouth, 4. washes his hands. One may clean his mouth by eating or drinking something pareve. Any solid pareve food other than dates, raw flour and greens can be used. Steps 2-4 may be done in any order, but the berachot should be recited right after the dairy meal is over. One must wash his hands and clean his mouth even if he feels that they are clean. An exception for washing one’s hands is made for one who used utensils and had absolutely no physical contact with the food.

If the meal to follow consists of poultry and not beef, there is no need for one to cleanse his mouth or wash his hands. (This is because mixing poultry with dairy is only rabbinically prohibited.) Although there is no halachic requirement to wait after eating dairy before eating meat, some wait an hour or half an hour, based on a statement found in the Zohar. (The Zohar’s exact wording can be found in the commentary of the Vilna Gaon on Yoreh Deah 89:1.)

Isn’t the halachah different after eating hard cheese?

Rema posits that if one wants to eat meat after eating hard cheese, he should wait for the amount of time that he waits after eating meat before eating dairy. Commentators note that Rema is only referring to hard, aged cheese since such cheese adheres to the mouth and leaves an aftertaste, somewhat similar to meat.

What qualifies as hard, aged cheese? According to halachah, this is cheese that is aged for six months or so. However, since modern manufacturing techniques enable cheese-makers to develop hard cheese in less time, contemporary halachic authorities do not agree on the matter. The posekim of the OU Kashrut Department have ruled that cheese that is endowed with a unique texture or lingering taste—akin to the texture or taste classically acquired via aging—qualifies as hard cheese, regardless of the precise aging period.

Some of the cheeses that require waiting include Parmesan cheese (usually aged for ten months), Swiss cheese (aged for at least sixty days) as well as aged cheddar (aged anywhere from a few months to several years). (Please note that not all cheddar is aged. Fresh cheddar that is manufactured, packaged and sold within a period of days lacks the unique qualities of aged cheddar.) Similarly, one should wait after eating the following cheeses (if you can find kosher versions!): Asiago medium cheese (aged for six months), Asiago old cheese (aged for a year) and Sap Sago cheese (aged for five months).
Many posekim are of the opinion that one need not wait after eating cheese that is melted since melting compromises the texture and flavor of the cheese. Thus, there is no need to wait after American cheese, as it is a blend of cheddar cheese and additives that has been melted and re-formed. This is the OU’s position as well.

Can meat and dairy be eaten at the
same table?

Dairy and meat may not be simultaneously present on the same table. This applies, though, only to a table upon which one eats; serving trays or serving tables are not subject to this rule (Shulchan Aruch Yoreh Deah 88:1) If this is the case, how can one eat dairy or meat at a public table or bench (e.g., at a public park) when someone at the other end of the table may possibly be eating something that would constitute mixing dairy and meat?

The ban on having meat and dairy at the same table only pertains when the individuals eating are friendly with one another, as there is a concern that they may share their meals and inadvertently end up eating meat and dairy together. If they are strangers, or if they eat on place mats or place an object on the table to remind themselves that they should not share meals, they may eat at the same table. So, too, if a religious Jew is eating dairy at a table where another individual is eating non-kosher meat, there is no need for a place mat or any other “reminder,” as there is no concern that the former will eat the non-kosher meat.

In all cases—when transitioning from meat to dairy and from dairy to meat (as well as from dairy to poultry)—the table must be fully cleaned. The tablecloth and all dishes and cutlery must also be changed, of course. Bread used with a meat meal may not be used with a dairy meal and vice versa. (Thus, leftover challah that was used at a meat meal may not be used to make [dairy] French toast.)

Reprinted with permission from the Fall 5767/2006 Jewish Action, the magazine of the Orthodox Union.

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The Pasuk in Vayikra 11:9 describes a kosher fish as one that has “snapir v’kaskeses”, which is generally translated as fins and scales. From the Pasuk alone, one might think that a fish needs to have both simanim in order to be kosher. However, the Mishnah in Niddah 59A (expounded in Chullin 66B) tells us, “kol sheyesh bo kaskeses yesh bo snapir”, that any fish which has “kaskeses” will automatically possess “snapir”. Accordingly, in order to determine the kashrus of the fish, it would not be necessary to look at whether a fish has snapir. Instead, we simply need to confirm that it has “kaskeses”. The question remains, however, what exactly is “kaskeses”?

The Gemara discusses the definitions of “snapir“ and “kaskeses”, and concludes that “ snapir ” refers to a fin that assists a fish in swimming, and that “kaskeses” refers to those fingernail like protrusions on the side of a fish. The Gemara asks (in light of the knowledge that every fish possessing “kaskeses” automatically has “snapir” ) what the need was for the pasuk to mention “snapir”. The Gemara responds, “Yagdil Torah V’Yadir”, that the pasuk mentions “snapir” in order to “make great” and “aggrandize” the Torah.

Which scales are kaskeses?
So, what exactly is “kaskeses” ? Though it is often translated as “scales”, not all scales are included in the term “kaskeses”. The Ramban in Chumash tells us that a “kaskeses” must be able to be removed from the fish either by hand or with a knife, without ripping the underlying skin. Practically speaking, if the scale underneath the skin would rip upon removing the scale, the fish could have “fins and scales”, but not have “snapir v’kaskeses”, and it would not be kosher. The Ramban’s requirement is discussed in the Achronim , but is universally accepted as the halacha (see glosses of the Ramah on Y.D. 83 in the name of Maggid Mishnah).

The Poskim do not require that a kaskeses must have a particular shape, color or texture. Any scale that can be removed without ripping skin would qualify as a “kaskeses”. The only limit discussed is the size of a scale, namely that it must be large enough to be viewed by the naked eye. Both the Aruch HaShulchan and the Tiferes Yisroel mention that the kaskeses must be perceivable by the naked eye from a normal distance in order to be halachicly significant. A single “kaskeses” anywhere on the fish , appearing at any point during its lifetime is sufficient for it to be kosher. Even if the “kaskeses” fell off before the fish was caught or if the fish had yet to grow a “kaskeses” (but is of a species known to grow “kaskeses” later in life), the fish is still kosher.

Applying the definition of kaskeses to the various species of fish is not always simple. Some claim that one can look at the scientific classifications of scales in order to determine whether the scale qualifies as a kaskeses. Scientifically, there are five different types of scales: placoid, cosmoid, ganoid, ctenoid and cycloid. Placoid scales are found on many different types of sharks (sharks do have scales, though they rip the skin when removed and thus cannot be considered “kaskeses ” ), cosmoid are found on lungfish, ganoid are found on sturgeon, gars and bowfin. These three types of scales are rarely found on kosher fish, though I mentioned bowfin (Amia Calva) as at least one example of a kosher fish with ganoid scales. The other two types, cycloid and ctenoid scales, are the ones found on most kosher fish. The scale classifications are based on varying factors, such as the make up of the scale, its relationship to other scales on a fish, and the structure of the growth rings on the edge of a scale (experts can determine how old a fish is by counting rings on its scales, much as they would rings on a tree).

Some Rabbis have postulated that any fish bearing cycloid or ctenoid scales is a kosher fish. There are several reasons why one should disagree with this assertion. One reason is that some cycloid scales are not visible to the naked eye. For example a type of sand-eel (Ammodytes Americanus) is described as having cycloid scales. Rabbi Juravel, Rabbi Herbsman and I checked samples for scales, and none of us was able to see anything on the fish that was large enough to consider it as having “kaskeses”. Another reason why defining the type of scale is not sufficient to know if it is kosher, is that some fish have embedded scales. American Eel (Anguilla Anguilla) is known to have scales that could be “kosher” if not for the fact that they are deeply embedded into the skin. The same is true for burbot (Lota Lota). There is nothing intrinsic to the definition of any type of scale that requires it be able to be removed from the fish without ripping the skin, as is required for “kaskeses”. Therefore, looking at the scientific category of a scale is insufficient for purposes of identifying kosher fish.

Kosher fish lists
Can a kosher fish list be constructed for the benefit of consumers? While kashrus agencies have compiled lists, many agencies no longer do that. Lists, however, are not a viable solution. The same common name can be used to refer to a myriad of different fish, some kosher and some not. Not all “cods” are kosher; the non-kosher burbot mentioned above is classified as a “gadidae”, technically making it a cod. Other examples include “torsk”, which can refer to both a kosher and a non-kosher fish, “escolar”(oil-fish) which also refers to multiple specimens of varying kosher status, and turbot where some are kosher and some not.
The Kaf HaChaim also sees common names as inaccurate. In his Sefer (Yoreh Deah 83:5), he notes that discrepancies between different Talmudic accounts of the “shibbuta” must lead one to conclude that there were multiple fish called “shibuta” in the times of Chazal.
To summarize, fish that have a kaskeses are kosher. The definition of kaskeses is unique to kashrus, and scientific classifications of scales are not halachicly determinative. A article describing practical applications will be IY”H forthcoming.

2.Determining if a fish is kosher

Until now, we discussed what the requirements are for fish to be kosher (i.e. that the fish needs to have “kaskeses ” and what is a “kaskeses ” ), as well as some of the common mistakes made in trying to determine which fish would qualify as kosher. The question still remains, how does one know if a fish is kosher? We will now discuss two practical methods of determining if a fish is kosher.

Checking for kaskeses
The easiest way to determine if a fish is kosher is by manually checking the fish for a scale. Simply locate a scale on the side of the fish (preferably behind the gills, tail or fin – as mentioned in the above footnote #2 – as a chumra to guarantee the scale did not fall off of another fish), grab it between your thumb and forefinger, and gently attempt to pull it out. One should note that scales are always attached to the fish on the side closer to the head. The reason is fairly obvious if you can imagine how a fish swims. If the scale would be attached to the skin at the side closest to the tail, the current would pull the scale away from the skin and would inevitably rip it off as the fish swims. Imagine an open umbrella in a brisk wind that is not pointed in the direction of the blowing wind. The umbrella would get caught in the wind and blow inside out. So too, the current would get caught under an inverted scale and rip it off, causing the fish to be exposed to infection.

After removing the scale, simply inspect the area where the scale came from and check if there is a rip in the skin. If the skin seems fairly undamaged, the fish is kosher. If the scale will not come out without the skin ripping, the scale is not a “kaskeses”. Generally speaking, it is fairly obvious if the skin ripped. As a practical way to get a sense of what skin normally looks like when a “kaskeses” is removed (and the skin does not rip) one could inspect the scale-less skin of fish which one knows to be kosher.

Mesorah
As long as a fish has “kaskeses” at some point in it’s lifecycle it is permitted and there is no requirement of “mesorah” (i.e. a tradition that identifies a particular fish as a kosher species). Fish that lose their scales, often have a single scale in the three areas mentioned earlier in footnote #2 (behind the gills, tail and fin), though even without a scale present one could still recognize a kosher species of fish based on its skin. The Darchei Teshuva describes the possibility of determining the kosher status of a scale-less fish based on “mesorah”. The “mesorah method” is derived from an idea mentioned in our previous article, namely that the Gemara tells us that a fish that has not yet grown “kaskeses” or lost its “kaskeskes” is still a kosher specie. One should ask, even if theoretically true, how could one practically determine that the fish is kosher if there are no “kaskeses” on it now? The answer, says the Darchei Teshuva, is that one can recognize the specie based on its skin. There is no mention of someone with a “tvias ayin” on the flesh of a fish, which must be regarded as “kirvei dagim” and is forbidden.

Therefore, one may bring a fish whose “kaskeses” fell off or did not yet grow “kaskeses” – but whose skin is still attached – to someone familiar with the specific fish to determine if this is a species that is subject to a mesorah of being a kosher fish. This “mesorah method” of determining kosher status is particularly useful when dealing with various types of mackerel. Mackerels tend to lose their scales when removed from the water, and the mesorah method can be used to permit the scale-less mackerel. Generally, this mesorah method does not apply to fish whose skin is removed.

It is essential to note that the person ruling on the fish must be both “halachicly” reliable and familiar with the issue at hand (in our case, the specific type of fish). A typical worker at a fish store is not qualified to confirm the kosher status of the fish.

Some have asked how big a piece of skin must be left on the fish for one to determine its status based on the “mesorah method”. Though I have not seen a specific size given, clearly the piece of skin must be big enough for someone to actually be able to say what species it is. A few weeks ago, I received an inquiry from a small hashgacha organization, that wanted to know how they could accept as kosher fish whose skin had been completely removed except for a small (scale-less) patch, when their mashgiach could not properly identify the fish. I answered that they could not. The only way to accept the fish is if someone familiar with the specie accepts the delivery, and a mashgiach who is not familiar with the specific fish is not qualified to accept such fish.

Consider the following mashal (parable). Suppose a person, r”l, is blind. Halachicly, the person is “ne’eman” to testify in Beis Din. One would not, however, ask the person to confirm which of two identical pieces of meat has a hashgacha printed on the package. Here too, a person who does not have mesorah on the particular fish in question may not be relied upon to confirm the kosher status of the fish by a patch of skin. Such a person could only attempt to remove a scale from the fish, as described above.

Some hashgacha organizations allow for salmon to be accepted without skin at all. The justification behind this policy is that there are no known fish whose flesh resembles the red/pink of a salmon, making the flesh color a “siman muvhak” (an absolute identifier of the fish, which would pre-empt the requirement of checking for scales). Again, this heter would only apply to a case where the mashgiach accepting the fish knows what a salmon is supposed to look like.

Many of us are “zoche” to live in areas where we don’t much think about which fish are kosher or not, as we could not imagine the local “heimish” supermarket selling a non-kosher species. Some of us live in parts of the world where kosher meat is difficult to acquire, and buying fish from the local store is the easiest way to properly feed our families. Though it may seem odd at first, people living neighborhoods that do not have kosher fish stores have at least one advantage over their brethren living in neighborhoods that do. They have the chance to teach themselves and their children how to determine if a fish is kosher, often having no other option. It would be unfortunate if those of us who can easily acquire a kosher fish would lose out on the opportunity to know how to be “mavchin bein hatamei u’bein hatahor”, to be able to distinguish between the pure and the impure.

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I. Hard Cheese

Fluid milk is composed of protein (primarily casein and whey, as well as some trace enzymes), lactose, butterfat, minerals, and water. “Hard” cheese is made by souring (fermenting) the milk to impart the desired flavor and then curdling the casein fraction of the milk. This curd forms a matrix, which entraps whey and fat to form cheese. Historically, milk was curdled by using an enzyme called rennin, which is a protease (an enzyme which affects protein) derived from the stomach of a suckling calf. In the times of חז“ל this enzyme came either from the flesh of the stomach itself (עור הקיבה) or from the milk found in the calf’s stomach (קיבה). Today, an extract is made from the stomach and is called rennet. More recently microbial rennets have been developed, where a microorganism produces “rennet” in a process called fermentation. While not true rennet, they are proteases that have functionality very similar to that of true rennet. An even more recent advance has been the development of genetically engineered rennet, where the microorganism has been modified with the genetic coding of a calf so that it produces virtual calf rennet.

All of these types of rennet cleave the casein protein molecule in a way that makes it precipitate forming cheese curds. Cheeses which use rennet as the primary coagulant (e.g. Cheddar, Muenster, Mozzarella) are called rennet set cheeses and are subject to the laws of גבינת עכו“ם. This גזירה applies equally both to cheeses made with microbial rennet as well as to those using animal rennet. In addition to conventional Kosher ingredient concerns, the גזירה of גבינת עכו“ם requires that a Mashgiach be present during the production and, according to many שיטות, he must add the rennet to each vat. The only exception to this requirement is where a Jew owns the milk, in which case only the ingredients are of consequence. Acid set cheese (such as cream or cottage cheese) is made by a different process and will be discussed separately. [See Section II below]

The manufacture of Kosher cheese involves the following additional Halachic concerns. Cheese is generally salted, and in the manufacture of many types of cheese this is done by soaking the cheese in a liquid solution of salt called brine. Brine used for non-Kosher cheese cannot be used to salt Kosher product due to the בליעות of גבינת עכו“ם in the brine. Changing brine is often not a simple matter since the spent brine cannot simply be dumped to the sewer (it fouls sewage treatment systems). Even if the brine were changed, the same brine tanks could not be used for Kosher cheese without Kashering.

There are a number of ingredient issues that are of concern in the manufacture of Kosher cheese. The rennet must be Kosher, either microbial or from special productions of animal rennet using Kosher calf stomachs. The cultures that are used to sour the milk must also be Kosher. In addition, some cheeses use additional enzymes to aid in the development of specific flavors, particularly lipase. Lipase is an enzyme which lipolyzes fat and is added to Romano, Parmesan and Provolone cheese to enhance their flavor. Such enzymes are generally made from animal tissue and are not Kosher. While they are not the מעמיד of the cheese, they are נותן טעם in it. Kosher microbial versions are available, as well as one derived from Kosher animal tissue.

Aged cheese has a much stronger and more complex flavor than fresh cheese, and these aged products are of great importance to the cheese connoisseur. Since aged cheese has a more potent flavor, it is this type of product that is used for cheese flavorings. In order to avoid the high cost of actually aging the cheese a product called enzyme modified cheese (E.M.C.) is produced. Fresh cheese is treated with various enzymes (protease and lipase) to hasten the degradation of the cheese and yield a product with an exceptionally powerful flavor. Such products have two Kashrus requirements. The first is that the original cheese must be גבינת ישראל and the second is that the enzymes used must be Kosher. Again, the typical enzyme blend used for these products is of non-Kosher animal material, so Kosher E.M.C. requires special formulation.

It should be noted that American Cheese is not a natural cheese and is more properly known as American Process Cheese Food. It is made by melting various cheeses (primarily Cheddar) along with additional ingredients into a homogeneous blend and extruding the molten cheese into blocks or slices. In addition to ensuring that the base cheese is Kosher, a thorough Kashering of the cooking and extruding systems must be done for each production.

The כלים used for the production of most other cheeses (e.g. Cheddar) generally do not require Kashering since the entire cheese making process takes place at temperatures of less than יד סולדת. Even though the cheese vat is heated, the cheese itself does not reach יד סולדת. This is not the case in the production of Swiss cheese, where the cheese is heated to about 126oF. Mozzarella and Provolone cheeses have an additional כלים concern in that the curd is cooked and stretched in a hot water bath and is extruded into molds while hot. The cooker as well as the molds must therefore be Kashered.

II. Soft Cheese

Acid set, or “soft” cheeses, include cottage, cream, and farmers’ cheese. These products involve curdling milk through an entirely different process. Casein protein can only remain in solution when the pH of milk is above 4.6. Acid set cheese is made by acidifying milk below that level, causing the casein molecule to become insoluble and precipitating out of solution. Classic cottage cheese was produced by allowing unpasteurized, bacteria laden milk to ferment, creating lactic acid which acidified the milk into a mixture of curd and whey. Since fluid milk is about 4% butterfat, this became the standard for regular cottage cheese. Modern production of cottage cheese, however, differs from the classic process. Milk is first skimmed to remove the butterfat (since cream will not readily curdle) and is then inoculated with a culture and allowed to ferment. [Some companies bypass this fermentation step and reduce the pH by simply adding phosphoric acid to the milk.] The curd is then separated from the whey, and a dressing made from milk and cream at about 20% butterfat is then added to the dry curd to make full fat cottage cheese. Lower fat cottage cheeses uses dressings that contain less cream and more gums and stabilizers. In addition to making two different types of cheese, acid and rennet set cheese each yield whey with different characteristics – acid whey and sweet whey [see below Section IV concerning whey].

The major Kashrus issue concerning acid set cheese is whether or not it is subject to the גזירה of גבינת עכו“ם. The גמרא discusses a number of reasons for this גזירה, including מפני שמעמידים בקיבת נבילה, מפני שטחין פניה בשומן חזיר, ומפני שמערבין בו חלב טמא עיי“ש. There is also significant discussion among the ראשונים as to whether the גזירה applies in situations where the reasons for the גזירה does not apply, such as in countries where cheese is not made with animal rennet or where there is no חשש ניקור. The מחבר follows שיטת הרי“ף והרמב“ם, and quotes the הלכה that all cheese is subject to the rules of גבינת עכו“ם even in cases where העמידו בעשבים. Accordingly, a concern of גבינת עכו“ם should exist with acid set cheese even though it does not use rennet as its primary coagulant. Rav Moshe Feinstein זצ“ל discusses this issue in response to a שאלה from Rav Schwab זצ“ל if there is a need למחות ביד אלו שאוכלים גבינה כזו Rav Moshe argues that since this type of cheese can be produced without any כלל העמדה (i.e. merely allowing the milk to ferment naturally will produce cottage cheese) and is markedly different from rennet set cheese (שהרי הוא ענין גבינה אחרת שלא דמי לא בטעם ולא במראה ולא נאסרו מעולם כלל אף לרמב“ם) it may not be subject to the rules of גבינת עכו“ם. He further writes that even if small amounts of rennet were used to make such cheeses it would still not be considered a “rennet set” cheese, since the primary coagulant is the culture and the rennet only serves to hasten the process. While Rav Moshe’s ruling referred only to the issue of not requiring a מחאה, other פוסקים consider such cheese equivalent to butter and permit it לכתחילה. [The difference in the level of rennet used for the two types of cheese is quite clear. Acid set cheese uses no more than 2.0 ml of rennet per 1000 lbs. of milk, while rennet set cheese generally requires between 50 and 90 ml of rennet for the same amount of milk. Since cheese makers are very creative in choosing names for their products, the distinction between acid and rennet cheese must be based on an analysis of rennet usage (if any) as opposed to product name.]

III. Casein and Caseinates

In addition to being used to make cheese, casein protein is recovered from fluid milk and sold as a powdered milk protein. It is used in many products such as creamers, infant formula, and imitation cheese. Interestingly, due to an idiosyncrasy in American law designed to protect domestic milk producers, such products must be labeled as Non-Dairy, although they are clearly Milchig.

Just as there are two means of making casein into cheese (acid set and rennet set) there are two analogous types of casein – acid casein and rennet casein. Acid casein is produced by adding hydrochloric acid to milk and drying the coagulum. [Another type of acid casein, called lactic casein, is produced by adding a culture to milk, allowing the fermentation to produce sufficient lactic acid to coagulate the milk. From a chemical perspective, both of these types of casein are essentially the same and are often lumped together as acid casein.] Rennet casein, on the other hand, is produced by adding rennet (either natural or microbial) to milk to form the coagulum.

While casein protein is a desired raw material, it is difficult to use because of its insolubility. This problem can be overcome with acid casein (both acid and lactic), however, by neutralization with alkali solutions (such as sodium or calcium hydroxide) with converts the casein protein into soluble casein salts (called caseinates). Acid casein is therefore the most common type of casein used, while rennet casein is usually reserved for the production of imitation cheese.

Based upon the position discussed above [Section II] concerning the distinction between acid set and rennet set cheese for the issue of גבינת עכו“ם, rennet casein is considered subject to the גזירה and
requires a משגיח to be present for the production. Acid casein, on the other hand, is essentially acid set cheese and may not be so encumbered.

IV. Whey

After the milk has coagulated, it is cut into small pieces and heated to allow most of the non-coagulated fluid to separate from the milk. The fluid that is not curdled or entrapped in the curd is drained from the cheese as liquid whey, to which חז“ל refer as נסיובי דחלבא. This fluid is actually a mixture of whey protein, lactose, minerals and water. One means of separating whey protein from liquid whey is by heating the fluid until the protein precipitates out of solution, which is the process described in the ראשונים. Whey protein derived in this manner is called lactalbumin. When the protein is concentrated through ultra-filtration it is known as whey protein concentrate [WPC], and the liquid removed is called permeate. Being rich in lactose and minerals, this permeate is used as an animal feed, or the lactose is crystallized and recovered leaving almost pure water. Indeed, cheese companies have begun recovering this water and using it for cleaning purpose (with possible Kashrus ramifications).

חז“ל tell us that there is a component of milk called מי חלב which is not considered milk מדאורייתא. However, there is a ראשונים מחלוקת as to which component of milk does the גמרא refers to as מי חלב. Some שיטות maintain that נסיובי דחלבא (liquid whey) is מי חלב, while others hold that only the clear liquid derived from whey [called מימי חלב or permeate] is what חז“ל call מי חלב. According to these ראשונים, whey protein is חלב מדאורייתא.

According to many פוסקים, whey–while a direct result of the cheese making process–is not subject to the rules of גבינת עכו“ם. Rav Moshe Feinstein זצ“ל held that all whey could be מותר even if the cheese from which it was derived was made with animal rennet and even if the whey were cooked together with the curd (which is considered גבינת עכו“ם) at temperatures above יד סולדת. ויב“ל, Rav Wosner שליט“א holds that when non-Kosher rennet is used the whey is מותר, but prohibits any whey from עכו“ם גבינת which is heated together with the curd above יד סולדת. The policy of most Kashrus organizations is to permit whey recovered from גבינת עכו“ם productions but to be מחמיר and require that all ingredients used are Kosher and that the whey is not heated together with the curd to temperatures in excess of 120° F.

Mozzarella cheese plants pose another Kashrus issue that affects whey. Mozzarella curd must be cooked and stretched in a hot water bath. The water in which the גבינת עכו“ם is cooked must be constantly changed, and the spent water contains significant amount of butterfat and milk solids. The common practice in the industry is to skim the fat off this water and use it to make butter (see below Section VI concerning butter) and to mix the cook water together with the rest of the whey. Since this cook water is not considered Kosher, a השגחה for whey in such a plant poses serious problems and may affect the Kosher status of such whey according to all שיטות.

V. Lactose

Lactose, or milk sugar, is crystallized from whey or from whey permeate. Lactose is clearly מימי חלב (and is Pareve מדאורייתא but dairy מדרבנן) and there is a basis to consider all lactose as Kosher even if the whey from which it is derived would not otherwise be acceptable. [NOTE—the no longer relies on this leniency (which is described more fully in A-157) (DC-Jun 2003)]. Also, since lactose is invariably produced from whey, it would be subject to the previously discussed התרים of whey regarding חלב עכו“ם.

VI. Butter and Butter Oil

Another common dairy food is butter. Butter is classically made by churning fresh dairy cream so that the butterfat flocculates clumps together) and forms butter, leaving buttermilk behind (see below concerning buttermilk). Butter contains about 80-85% butterfat, the balance being water and other milk components. [A new process for the production of butter involves the separation of butterfat from cream using high speed centrifuges after which the butterfat is cooled in a Votator, similar to the production of margarine.] Butter in הלכה enjoys special consideration in that many שיטות do not consider butter to be subject to the restrictions of חלב עכו“ם. However, butter available today may indeed not have the same הלכה as discussed in the פוסקים.

While fresh dairy cream poses no Kashrus issues (see Section VII below concerning cream) other than concerns of חלב ישראל, other sources of cream are available. Whey, the byproduct of cheese making, contains a significant amount of butterfat which is collected and sold as “whey cream”. As previously discussed, Mozzarella cheese is cooked in a hot water bath, and the fat that leeches from the cheese into this water is also recovered and sold as whey cream (although this terminology is not wholly accurate). Cream from both of these sources can be used to make butter, and each has its own Halachic issues.

Whey cream is subject to the same Kashrus requirements as whey itself (see Section IV). Cream that is recovered from the cook water of non-Kosher Mozzarella cheese—where the cheese is cooked to temperatures well in excess of יד סולדת בו—is not acceptable. Since both of these types of cream are used to make butter, appropriate safeguards must be put into place to ensure that butter
which is approved for Kosher use is not subject to these concerns. The USDA has established a grading system for butter. Grade AA is considered the highest quality, followed by Grade A, Grade B, and lower qualities. The basis for this grading is “organoleptic”—one of taste—the milder the taste the higher the grade regardless of the type of cream used. [Ironically, the butter with the more “buttery” flavor is graded lower than its blander cousin.] While it is true that fresh dairy cream has the freshest taste and is best suited for the manufacture of Grade AA butter, it is also the most expensive. Whey cream suffers some degradation during the cheese process and typically has a stronger flavor—but it is also less expensive. Butter makers are adept in blending various grades of whey to be able to obtain a Grade A – or even a Grade AA – butter from less than pure fresh dairy cream.

“Butter oil” and “anhydrous milk fat” are made from butter which is heated to remove the milk curd and moisture, leaving pure milk fat. Kosher concerns for this type of product are complicated by the fact that the typical butter used for this purpose is lower grade material, the type most often made from whey cream.

Another common butterfat ingredient is lipolyzed butter oil (L.B.O.). This material is made by treating cream or butter oil with a lipase enzyme to give it an extremely pungent buttery flavor. Again, lipase routinely used for this purpose is derived from non-Kosher animal tissue, so a reliable Hashgachah for this type of product is imperative.

Other issues relating to “pure” butter involve the use of various ingredients added to the product. Lactic acid, cultures, diacetyl, and starter distillate (in addition to salt) are often added to butter to improve its flavor. These ingredients, while generally Kosher, may pose issues regarding חלב ישראל.

VII. Buttermilk and Cream

There are other Dairy ingredients which may be confusing. “Cream” may not be pure cream and “buttermilk” may have nothing to do with butter. “Whipping” cream often contains emulsifiers, gelatin, and other ingredients—clearly not the fresh cream skimmed from the top of milk bottles.

There are also “two דינים” in buttermilk. True buttermilk is the fluid left over after churning cream into butter. This is generally the “powdered buttermilk” used in industrial applications such as ice cream and baked goods. As we have noted, butter may be made from whey cream and such buttermilk is therefore subject to the same Kashrus considerations as butter made from non-Kosher whey cream as discussed above. The “buttermilk” sold in the refrigerated section of the supermarket, however, usually is completely unrelated to butter manufacture. It is actually called “cultured buttermilk”, and is made by adding a culture to skim milk, along with emulsifiers and stabilizers which may include non-Kosher glycerides and gelatin.

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