Tuesday, March 12, 2013

Kitniyot - Modern US Custom (2009)


Kitniyot - Modern US Custom (2009)

The Kosher world in the United States is very different than that of a hundred years ago, or ever known previously in history.  As food production moved from the home to the factories, the intricacies of Kashruth interfered with the ability of a Kosher-observant person to purchase certain processed items.  An organization called the Orthodox Union, or the OU, a non-profit group that represented centrist American Jewry, was the first to act as a non-profit in the world of Kosher certification, and held themselves to strict standards.  Today the OU is the largest and most well-known Kosher certifying agency, with companies across the world.  I spent almost two years working there, in the Kashruth devision, answering consumer questions about Kashruth and OU-Specific Kashruth policies.

In an ideal world, each individual Kosher consumer would be personally familiar with the provenance of every food item in his or her home.  In today's world of processed foods and foods shipped across the country and world, that is an impossibility.  A Kosher certifying agency takes the place of the individual consumer, checking the ingredients, facility, and equipment to make sure it's up to Kosher par.  The basic system of marking items is divided into Kosher Parve, Kosher Dairy, Kosher Meat, Kosher Fish, Kosher Dairy Equipment, Kosher Meat Equipment, and Kosher for Passover (which will be listed with appropriately designated Dairy, Meat, etc markings).

The mashgiach, or Kosher inspector, must not only know that the ingredients themselves are Kosher, he or she must know specifically how they are made.  For example, some foods that are calcium-enriched have a form of calcium which was derived from dairy substances.  If there is enough of a proportion of this ingredient to the final product, the product will be marked Dairy.  The mashgiach is in regular contact with the companies he or she supervises, and has the full cooperation of the company, factory supervisor, and workers.

While the OU is the most well-known Kosher supervising agency, there are 4 others that are nationally known and accepted in the Orthodox community: the OK, the Star-K, and the Kaf-K, and the CRC.  While they all rely on the OU for its in-depth information, the actual policies of the various agencies do differ slightly, and this is seen mostly in the local communities of the agencies.  For the duration of this paper, we will be comparing the agencies' policies regarding both Kitniyot in general, and quinoa specifically.

The OU is based in Manhattan, but is the primary agency that most American communities rely on, as it is affiliated with the Rabbinical Council of America, which is a large association for American Orthodox Rabbis.  The Kof-K is based in Teaneck, NJ, and some of the New Jersey community rely on the Kof-K more than the OU, although they work closely together.  In fact, when I called the Kof-K to ask about their Kitniyot list, the person I spoke to told me that they use the list they get from the OU (this turned out to not be 100% true).  The Star-K is a Baltimore-based agency, and has gained some footholds in the right-wing spectrum, as the Baltimore community is generally a right-wing one.  The CRC is based in Chicago, and is also closely aligned with the OU.  The OK declined to send their list of Kitniyot.

Following is a chart of the different products I have found each organization to list as either Kitniyot, not Kitniyot, or something to be avoided. While some items were not addressed by all agencies, I included as much as I could find to give a sense of how central this minhag has become to Passover observance.  Note specifically the items that are listed as Kitniyot by some agencies, and not as Kitniyot by others.  Also note the degree to which some of the agencies warn their consumers away from specific ingredients:


As one can imagine, this causes quite the headache for consumers who are trying to be careful regarding the minhag of Kitniyot.  Even worse, agencies contradict themselves within their own literature in regards to quinoa, a more recently discovered grain that has become popular for use on Passover.

As seen in the chart above, the OU has published the information that quinoa is questionable and should be avoided.  However, when I worked at the OU, I was instructed in a different manner.  The response I wrote is still on their online FAQ page, and I quote:

Quinoa is not one of the five grains that can create chametz (wheat, oat, barley, spelt and rye). Nonetheless, there is a difference of opinion among Rabbinic decisors (machloketh haposkim) as to whether quinoa is considered kitniyoth (Ashkenazic custom is not to eat kitniyoth on Pesach). We suggest asking your local Orthodox Rabbi if it is or is not kitniyoth.
It should be noted that although Quinoa is not grown in the same vicinity as the five chometz grains mentioned above, the processing of Quinoa is often done at the same facility where they process wheat. Therefore, if you rely on the lenient opinion and treat quinoa as non-kitniyoth, we suggest that you sift through the quinoa to make sure that there are no other grains mixed in. (http://www.oukosher.org/index.php/learn/faq)

Quinoa is allowed by the Star-K, and they indeed have a full article on their website proclaiming the wonders of this “Grain That's Not” (http://www.star-k.org/kashrus/kk-passover-quinoa.htm). The Star-K even includes instructions on how to prepare the delicate grain.  The Kof-K states that the custom is not to use it.

In my position at the OU, I was sent to the offices of the two head decisors for the OU with a question about hemp seeds.  Upon asking them about yet another product and its inclusion on the ever-growing Kitniyot list, one of the Rabbis turned to the other and said “When will they stop adding things to the list?  First they want to add quinoa, now this?”  He then turned to me and said “Tell them it's fine, but they have to check it by hand before Passover to be sure no other grains are mixed in.” (Note - in the last 8 years their opinions have changed. This is not intended to ridicule those rabbis, but to point out how clear cut the initial approach was to quinoa)

It seems that even the head Rabbis, who have never publicly said a word against the minhag of Kitniyot, are feeling the stress from this ever-burgeoning list.  While there is no official compendium of modern Halachic reponsa that breaks down the exact numbers of those who allow quinoa and those who don't, my experience has been that those who know of it use it.  Quinoa is used as a side in place of rice, in chulent in place of barley and beans, and with melted cheese on top in place of pasta.

As a side note, there are items that are considered Kitniyot in the US which are not technically edible, such as rapeseed.  The Kosher-certifying agencies in Israel have taken precautions against people refusing to use canola oil on Passover by re-naming the product.  The authorities were aware that it was easier to call the product by a different name and label it 'Kosher for Passover' than to try to convince those who keep Kitniyot that they could use canola oil on Passover.  It's a sad, if funny, state of affairs.

While I can't envision the American Rabbinic leadership ever abolishing Kitniyot, I do have high hopes that with time and ever-growing knowledge, the list will cease to grow, and perhaps some items, such as rapeseed, peanuts, and green beans will even be removed from it.  The job of the certifying agencies will be easier, the preparations for the holiday will be easier, and there will be more food to enjoy in what is generally regarded as a tortuous holiday by observant Jews.

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