U.S. Law: Kosher & Halal Food Labeling

"Congress shall make no law respecting an establishment of religion."

Nationwide (U.S.), there can be no legal definition of nor regulation of 'kosher' or 'halal.' The First Ammendment of U.S. Constitution lays out the Constitutional Principal of Separation of Church and State, prohibiting the government from making laws "respecting an establishment of religion" or the free exercise thereof. 

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."[1]

Therefore, there are no legal mechanisms to regulate the standards used by food manufacturers. Legally, manufacturers can use either word on product labeling, or call their products 'kosher' or 'halal', simply if they believe that the food meets these standards. This practice of labeling a food or ingredient like gelatin as 'kosher' is effective in attracting a significant portion of the "kosher consumer" most of whom are Muslims.

U.S. Law Protecting Trademarks
U.S. Intellectual Property Law provides protection against the unauthorized use or misuse of trademarks—distinctive signs used by the owner to distinguish products and services that it provides from those provided by others. 

Halal and Kosher certification agencies use their recognizable and legally protected symbols on products they certify as either halal or kosher so that the consumer will be assured that the product in question meets the certifier's standards for halal or kosher.

Letters, such as 'K', 'KD' or 'KP' are not uniquely identifyable and cannot be protected under U.S. trademark protection laws. Manufacturers sometimes use the letter 'K' to identify its product as conforming with Jewish dietary law. Such products should not be understood to be kosher or halal for Muslims to eat.

Halal and Kosher symbols are registered trademarks of the certification organization, and cannot be placed on a food label without that organization's permission.

[ Halal Food Certification Agencies ]

[ Kosher Food Certification Agencies ] 

Local & State Law
Some cities, such as Baltimore, and some 20 states, including Virginia and New Jersey, recently passed legal statutes to define "kosher" and "halal" and to made it a crime to sell a product labeled as such if, in general, it was not processed in accordance with the Jewish and/or Islamic religious law. However, these statutes were ruled unconstitutional by courts (Baltimore, NJ) and legislatures (Virginia) and struck down.

Although the ordinance's "commendable" purpose is to protect consumers from fraud and mislabeling, U.S. District Judge Benson E. Legg, who struck down Baltimore's kosher statute, said, its "primary defect is that it excessively entangles civil and religious authority."[2]

As a measure to ensure that the public was kept knowledgeable in a constitutionally acceptable way, the State of Virginia recently passed laws requiring kosher and halal certification agencies to disclose the name of the person overseeing the food production process after it was discovered that some butchers were buying supermarket meat and repackaging it as kosher. 

The Virginia law reads:
"It is unlawful to label any repackaged food that represents the food as kosher or halal without indicating the person authorizing such designation."

The previous Virginia statute had required all kosher symbols to attest that the food had "been prepared under the Orthodox Hebrew religious requirements," but it was defeated in the Virginia State Legislature as unconstitutional.[3]

Related Topics:
Halal Certified Food Symbols 
Kosher Certified Food Symbols
Kosher v. Halal: What are the differences and similarities of kosher and halal?
Market for Halal Products & the Muslim Consumer

References:
[1] First Ammendment to the United States Constitution.
[2] Valentine, Paul W. "Kosher Law Ruled Unconstitutional; Baltimore Decision Against Food Inspections Is First at Federal Level." The Washington Post. October 5, 1993
[3] Shinefield, M. Chabad Lubavich Global Network. "Jewish and Muslim Communities Cooperate to Pass US's First Kosher-Halal Law." October, 2006. 
http://lubavitch.com/news/article/2016002/Jewish-and-Muslim-Communities-Cooperate-to-Pass-USs-First-Kosher-Halal-Law.html
(Retrieved April 8, 2009)

KOSHER: Certification

Products that have been certified as kosher are labeled with kosher symbols. Kosher symbols are registered trademarks of kosher certification organizations ("vaad haboronim," "poskim"), and cannot be placed on a food label without the organization's permission.


Kosher, HALAL and American Law

"Congress shall make no law respecting an establishment of religion."

In the U.S., there can be no legal definition of kosher or halal, therefore, no legal mechanisms to regulate the standards used by food manufacturers. Legally, manufacturers can use either word on product labeling. They can call their products 'kosher' or 'halal' simply if they believe that their food meets these standards. This practice of labeling a food or ingredient like gelatin as 'kosher' is effective in attracting a significant portion of the "kosher consumer" most of whom are Muslims.

-- Read more about U.S. Laws concerning halal and kosher foods here. --


'K': Stay Away
A single 'K' is sometimes used as a symbol for kosher, but as a letter, it cannot be trademarked (the method by which other symbols are protected from misuse). In many countries, it only indicates that the company producing the food claims it is kosher. 'K' is often used by manufacturers to attract kosher consumers when the product cannot be certified by a rabbinical certification agency.

Guide to Kosher Food Symbols
Different kosher certifying agencies tend to follow different kosher certification standards, some more strict and others more lenient. This is because in interpreting ancient dietary laws and adapting them to modern technology, different rabbis have different views about what exactly passes as kosher. 

This guide identifies the kosher certifying agencies behind the most commonly used kosher symbols in the United States, Europe and Asia. More information about each agency, and the kosher standards it maintains, can be found on each agency's web site.

[ Our Guide to Halal Certified Food Symbols ]

Major Kosher Certification Agencies in North America
SYMBOL		RABBINIC AUTHORITY	DENOMINATION	CITY, COUNTRY
	OU	Union of Orthodox Congregations ("Orthodox Union")	Orthodox	New York, U.S.
	The OU certifies over 2300 companies with 4500 plants in 70 countries with a total of over 300,000 labels. www.oukosher.org
	CRC	Chicago Rabbinical Council	Orthodox	Chicago, U.S.
	cRc is the largest regional, not-for-profit, Orthodox organization in North America. It works with close to 800 food companies in North and South America, Europe and Asia. www.crcweb.org
	KOF-K	KOF-K Kosher Supervision	Orthodox	Teaneck, NJ, U.S.
	The KOF-K symbol is the internationally recognized trademark of KOF-K Kosher Supervision, one of the foremost kosher certification agencies in the United States. www.kof-k.org
	Triangle-K	Triangle-K and Associates, Inc.	Orthodox	New York, U.S.
	Triangle-K certification is awarded by a consortium of Orthodox Jewish rabbis who desire to see as wide a range of food products as possible made available to kosher consumers worldwide. www.trianglek.org/
	Star-K	Star-K Kosher Certification Agency Vaad Hakashrut of Baltimore	Orthodox	Baltimore, MD, U.S.
	Star-K Kosher Certification Agency provides kosher supervision globally. The Star-K kosher symbol is regarded as being in the top tier of strictness and quality. www.star-k.org
	Star-D	Star-D Kosher Certification Agency	Orthodox	Baltimore, MD, U.S.
	Star-D Kosher Certification Agency is affiliated with Star-K, but certifies only dairy products.
	OK	The Organized Kashrus Laboratories	Orthodox	New York, U.S.
	Operating on six continents and supported by more than 350 of the world’s leading kosher experts, the OK certifies more than 114,000 products, produced by over 1,500 companies. www.ok.org
	COR	Kashruth Council of Canada	Orthodox	Toronto, Canada
	The Kashruth Council of Canada guides the observance of kosher dietary laws in Canada. More than 45,000 products carry the COR symbol of kashruth certification. www.cor.ca
Regional Kosher Certification Agencies in North America
	ARK	The Association for Reliable Kashrus		Lawrence, NY, U.S.
	AKC	Atlanta Kashrus Commission		Atlanta, GA, U.S.
		Badatz Mehadrin
	CRC	Beth Din Hameyuchud LInyonei Kashrus of the Central Rabbinical Congress (Hishachdus Horabbonim)		New York, U.S.
	CHK	Beis Din of Crown Heights (Vaad Hakashrus)		New York, U.S.
	California K	California K Igud Hakashrus of Los Angeles (Kehillah Kosher)		Los Angeles, U.S.
	CKU	Certified Kosher Underwriters		New York, U.S.
		Communidade Ortodoxa Israelita Kehillas Hachareidim Departmento de Kashrus	Orthodox	Brazil
	K-COR	Council of Orthodox Rabbis of Greater Detroit	Orthodox	Southfield, MI, U.S.
		Dallas Kosher (Vaad Hakashrus of Dallas)		Dallas, TX, U.S.
		Debracin		New York, U.S.
	Florida K	Florida K and Florida Kashrus Services		Maitland, FL, U.S.
	Texas "K"	International Kosher Supervision
	J.S.O.R.	Jersey Shore Orthodox Rabbinate	Orthodox	Deal, NJ, U.S.
		Kashrus Council of Lakewood N.J.		Lakewood, NJ, U.S.
		Khal Adath Jeshurun
		K’hal Chizuk Hadas of Flatbush		New York, U.S.
	K-WI	Kosher Supervisors of Wisconsin		Milwaukee, WI, U.S.
		Montreal Vaad Hair		Montreal, QC, Canada
	NK	National Kashrus		Monsey, NY, U.S.
	BC Kosher, BC-K	Orthodox Rabbinical Council of British Columbia	Orthodox	Vancouver, Canada
		Orthodox Vaad of Philadelphia	Orthodox	Philadelphia, PA, U.S.
		Rabbi Nuchem Efraim Teitelbaum (Volover Rav)		New York, U.S.
	RCC	Rabbinical Council of California		Los Angeles, U.S.
	Scroll K	Scroll K / Vaad Hakashrus of Denver		Denver, CO, U.S.
	ORB	South Palm Beach Vaad		Hollywood, FL, U.S.
		United Mehadrin Kosher		St. Paul, MN, U.S.
		Vaad Hakashrus of K’hal Machzikei Hadas of Belz		New York, U.S.
		Vaad Harabanim of the Five Towns and Far Rockaway		Cedarhurst, NY, U.S.
		Vaad Harabanim of Flatbush		New York, U.S.
	VHM	Vaad Harabonim (Vaad Hakashrus) of Massachusetts		Boston, MA, U.S.
		Vaad Harabanim of Greater Seattle		Seattle, WA, U.S.
		Vaad of Lancaster / Cong. Degel Israel		Lancaster, PA, U.S.
	K-W	Young Israel of West Hempstead		West Hempstead, NY, U.S.

Some Terms you might see on Foods Bearing Kosher SymbolS

Cholov Yisroel חלב ישראל		Refers to all dairy products, including cheese and non-fat dry milk powder, which have been under the supervision of a Jew.
D, Dairy	Dairy	Indicates products containing dairy or dairy derivatives.
DE	Dairy Equipment	Indicates that the product is intrinsically Parve but is prepared on Dairy equipment. This product may be served and eaten before or after, but not together with, meat.
D-P	Dairy-Passover	Indicates a dairy product which is kosher for Passover and all year round.
F	Fish	Indicates the product is kosher and contains fish ingredients.
F-P	Fish-Passover	Indicates a fish product which is kosher for Passover and all year round.
Glatt, Meat, M, גלאַט	Meat	Indicates products containing meat or meat derivatives. "Glatt" literally means "smooth", referring to the smooth lung tissue of an animal free from disease.
Glatt-P	Meat-Passover	Indicate a meat product which is kosher for Passover and all year round.
Kosher for Passover		Indicates products certified Kosher for Passover.
ME	Meat Equipment	Indicates that the product is intrinsically Parve but is prepared on Meat equipment. This product may be served and eaten before or after but not together with dairy.
P, Pareve, Parev, Parve	Parve	Products completely void of all milk and meat in any form.
Pas Yisrael		Jewish baked goods
Yashan		Not from current grain crop

Related Topics:
Halal Certification Symbols
Halal, Kosher: A comparison
Market for Halal Products & the Muslim Consumer

KOSHER: Gelatin

How do I know if Kosher Gelatin is halal?
You're standing in the dairy section of your supermarket. You read 'Kosher Gelatin' on the Ingredients List of a container of yogurt. You've heard that 'Kosher Gelatin' can come from pig skins. But you've also heard that it comes from fish bones. How can you be sure that the gelatin in the yoghurt you are holding is halal?

The Answer is more complex than you might otherwise think.

Nationwide (U.S.), there is no legal definition of nor regulation of 'kosher'. The Constitutional Principal of Separation of Church and State prevents government from passing laws concerning the regulation or establishment of religion.[1] This means that, legally, any food company can call and label a food product or any ingredient used in that product 'kosher,' simply if the manufacturer believes that it meets that standard for 'kosher'.

Materials used in gelatin production.[4] Most gelatin on the market is porcine and is neither kosher nor halal.

There is gelatin available nowadays from kosher-slaughtered animals, but it is usually identified by something more than the mere phrase “kosher gelatin.” Fish gelatin is usually identified as “fish gelatin.”[2]

The OU (Orthodox Union) estimates that around 90% of the gelatin on the market is porcine - made from pigs[3] - whether pig alone, or pork gelatin mixed with gelatin from other animals such as cow or fish.

A few lenient Rabbinical organizations (poskim), and independent rabbis allow gelatin coming from the non-edible parts of a non-kosher animal, such as the pig, or kosher non-slaughtered animals to be called kosher. If part of an animal is edible, such as meat or skin, then it is widely accepted that this part cannot be used to make kosher products. This means that in theory, pig bones can be used to make kosher gelatin. In practice, however, the "higher-quality gelatin made from bones is reserved for the photographic industry."[5]

"Animal bones and hides are considered inedible and “kosher” even if they come from a non-kosher or non-slaughtered animal.[6] ... One exception is that the hides of domesticated pigs have the halachic status of meat, are considered edible and are most-definitely not kosher. Thus, even those who argued that gelatin made from the hides of beef or from bones is kosher, would have a harder time defending that position as relates to gelatin made from pig hides." [7]

The Orthodox Union (OU) and other Orthodox affiliated certification agencies reject this arguement, and do not permit kosher gelatin to come from pig (or non-slaughtered cow) bones.

"... A similar argument has been presented, and rejected, for permitting gelatin produced from non-kosher hides and bones. Since, at the end of the process, the gelatin is no longer pagum (inedible), we cannot accept its mid-process pegimah (inedibleness) as sufficient grounds for permitting it." [8]

Kosher Gelatin in Yoghurt
For a long time, yogurt certified by the mainstream and Orthodox Kosher certification agencies in the U.S. was made without gelatin. However, some lenient certification agencies allowed gelatin from non-slaughtered beef bones into certified yogurt products. This situation bothered some kosher authorities, and after many years of behind-the-scenes work they were finally able to convince the lenient kosher certification agencies to stop this practice.

When this stopped, the yogurt companies did not want to change their recipes, so they began working with the kosher agencies to produce kosher animal gelatin. Kosher gelatin for yoghurt (and marshmallows) that is certified by the OU, comes from the animal hides (skins) of kosher slaughtered animals in South America and is manufactured by Norland Industries and Glatech Productions. Gelatin produced from kosher slaughtered animals is not considered 'meat' and may be eaten with milk-based yogurt.[9]

THE BOTTOM LINE
Look for a kosher or halal symbol
Most truly kosher gelatin is usually identified by something more than the mere phrase “kosher gelatin.” It is important to look for a halal or kosher symbol on the product packaging. If the Ingredients List just says 'kosher gelatin' but doesn't provide a kosher symbol on the front of the package, you can be sure it contains pig gelatin.

"K" means nothing
NEVER assume that the letter "K" on a food package means that a product is kosher. The letter K is not copywritable under U.S. Law. This means manufacturers can use it whenever they want, whether or not a product contains pig gelatin.

You can also look for the term 'fish gelatin' on the food's Ingredients List. Under U.S. Law, manufacturers cannot mis-state the animal source of products listed in the Ingredients List, therefore if an ingredient is listed as 'fish gelatin' it must come from fish, not from pig or cow.

If a product lists 'Kosher Gelatin' on its Ingredients List, and is also certified by one of the Kosher or Halal certification agencies listed above, then that gelatin likely comes from a kosher/halal-slaughtered cow or from fish.

Related Topics:
Kosher certification agencies, and their symbols
Halal certification agencies, and their symbols
Kosher v. Halal: What are the differences and similarities of kosher and halal?
Kosher: Under-serving Muslim Consumers
A comparison of kosher and halal animals
Kosher: Meats

References:
[1] First Ammendment to the United States Constitution.
[2] Kaplan, Rabbi Benyomin. "What is “kosher gelatin”?" Ask Moses.com. http://www.askmoses.com/article/555,2095418/What-is-kosher-gelatin.html
[3] Cohen, Rabbi Dovid. "Gelatin Revisited," OUKosher.com. http://www.oukosher.org/index.php/common/article/gelatin_revisited/
[4] Image: Gelatin Production. http://en.wikipedia.org/wiki/Image:Materials_Used_in_Gelatin_Production.svg
[5] Cohen, Rabbi Dovid. ibid.
[6] Rambam, Hil. Ma’acholos Asuros. 4:18
[7] Cohen, Rabbi Dovid. ibid.
[8] Kuber, Rabbi Mordechai. "What Could Be Wrong With…….L-Cysteine?" OUKosher.com. http://www.oukosher.org/index.php/common/article/what_could_be_wrong_withl_cysteine_by_rabbi_mordechai_kuber/
[9] Gordimer, Rabbi Andrew. "Culture for the Masses: The Complexities of Yogurt Certification," OUKosher.com. http://www.oukosher.org/index.php/common/article/culture_for_the_masses_the_complexities_of_yogurt_certification/