RCA Issues Guidelines to Enhance Kosher Food Producers’ Compliance with Jewish Legal and Ethical Teachings

RCA 1, Conservative Movement/Magen Tzedek 0.

RCA Issues Guidelines to Enhance Kosher Food Producers’ Compliance with Jewish Legal and Ethical Teachings.  

New York, NY –– The RCA has today issued a set of Guidelines intended to promote and safeguard ethical corporate policies and behavior, and encourage socially responsible activities in kosher food production.

The guidelines, known as JPEG (Jewish Principles and Ethical Guidelines) were drawn up by an expert Task Force, convened by the RCA. It concluded that given the responsibility of rabbis to promote ethical conduct and to shun misconduct, and the tremendous increase in rabbinical involvement in supervising food production, the time has come for institutionalizing the ethical standards applied by agencies by establishing consistent and thoughtful guidelines for standards of good conduct. An additional motivation for the step was the conclusion that today's kosher consumer expects more from the rabbis who supervise products for the mass market.

Among the provisions of the guidelines are:
• All US kashrut agencies are urged to adopt transparent policies for withdrawing approval from companies engaged in significant wrongdoing. 
• Kashrut inspectors should have clear procedures for reporting to agencies on problems they encounter. 
• Effective and equitable responses to reports of wrongdoing should be developed and implemented. There should be fair and equitable policies for following up on any problems detected.
• The Task Force also released sample materials to help ease adoption of the guidelines. In particular, they provide sample contract language for agencies to formalize their expectation of companies under their supervision that kashrus approval is dependent on law-abiding behavior, and a sample training module for kosher agency staff

The guidelines include a list of legal offenses which should be considered significant wrongdoing, including
• misleading the consumer
• neglecting the health and safety of the customer, employees, or the public; and 
• mistreatment of animals.

We are pleased to note that the Orthodox Union (OU), which is the leading international kashrus supervising agency, and for which the Rabbinical Council of America is the halachic authority, has strongly endorsed JPEG. A number of other national kashrus agencies have indicated their agreement in principle to the issuance of ethical guidelines, and are in various stages of adoption and compliance with many of the provisions of the RCA initiative. 

The Task Force was chaired by Rabbi Dr. Asher Meir, a prominent expert in the field of business ethics. Rabbi Dr. Meir commented: "These guidelines are an important progressive development in the world of kosher supervision. We believe that in the coming years, effective standards will be a prerequisite for serious kosher supervision agencies to thrive. The generally positive response to JPEG that we have received from leading agencies demonstrates a growing recognition that raising the bar on ethical issues will be part of the continuing professional development that characterizes the kosher supervision industry."

Other members of the Task Force include its Senior Advisor Rabbi Dr. Aaron Levine, a leading expert and university lecturer in business ethics; experts in law (Harvey Blitz Esq., Rabbi Michael Broyde, Rabbi Dov Fischer), in industrial and local kosher supervision (Rabbi Menachem Genack, Rabbi Mordechai Torczyner) and in corporate ethics programs and training (Rabbi Yakov Yellin Esq.)

It is the hope and expectation of the RCA that kosher consumers will play a constructive role in encouraging socially responsible business practices, so that we can all succeed in maintaining and enhancing a kosher marketplace that accords with the highest standards of Jewish ethical teachings.

JPEG Guidelines:

Download JPEG_Guidelines

[Hat Tip: It's a bird, it's a plane.]

Comments

[confused]

Its sounds good in theory, it would be interesting if it catches on. But what is the halachic basis for forcing someone to have a rabbinical accountant certifying the books are kosher before saying something is kosher?

Afaik a rabbi can’t call something not kosher, if it is kosher. The rabbis power is limited to refusing to be a mashgiach, which just means the owner will need to find a different rabbi to certify the kasherous.

Still it would be nice if people took “Choshen Mishpat” as they do “Yoreh De'ah”.

[Dr. Dave]

RCA 1, Conservative Movement/Magen Tzedek 0.

More like: return to True Judaism 2 ,

Current hypocritical violations of the ethical portion of Judaism 0

[PulpitRabbi]

Note the most important fact:
We are pleased to note that the Orthodox Union (OU), which is the leading international kashrus supervising agency, and for which the Rabbinical Council of America is the halachic authority, has strongly endorsed JPEG. A number of other national kashrus agencies have indicated their agreement in principle to the issuance of ethical guidelines, and are in various stages of adoption and compliance with many of the provisions of the RCA initiative.

That means that this is not just words, but actions. Kol hakavod. This won't resolve all the problems, but is an important resolve and sends a strong message.

[njoseph]

Hey, I don't see this as a loss for Magen Tzedek at all. The Cons. movement has forced the Ortho bureaucracy to deal with this or lose credibility among many of their own people. Assuming that the founders of Magen Tzedek care about. .. you know, Tzedek, then this is a great thing.

[A. Nuran]

This comes none too soon

[steve]

A step in the right direction. Now we just need someone to oversee the kashrus agencies to make sure that they are actually "supervising" and not just rubber stamping.

[steve]

Hamas has accepted Israel’s right to exist and would be prepared to nullify its charter, which calls for the destruction of Israel, Aziz Dwaik, Hamas’s most senior representative in the West Bank, said on Wednesday.

Thank you Mr. Dwaik for allowing us to exist. Maybe you can convince your friends at the Neturei Karta to also allow us to exist.

[state of disgust]

Perhaps I missed it but I did not see any reference to compliance with US labor law, minimum wage, OSHA, EPA standards, etc. In short no acknowledgment that dina malchuta dina prevails.

[Rapher]

It is not fair to expect the OU to be conversant in all OSHA, EPA, etc. laws. You are very naive to believe that the OU would be expert here. That is up to Federal inspectors. The OU is calling for appearance of doubt and to alert the proper authorities.

[state of disgust]

They don't have to be 'conversant' with US law. They just have to say companies must comply with dina malchuta dina and obey US law.
If they are worried about conflicts between Torah and US law, I'm sure Lewin, Julius Berman or Harvey Blitz or other legal scholars can explain it to them.
They've used the bs your peddling for a long time to excuse food producers failure to comply with the law of the land. That is not acceptable and makes their ruling -- and their hechsher -- a joke.

[harold]

They just have to say companies must comply with dina malchuta dina and obey US law

Why does one have to say "Obey US law"? If they hire a carpet cleaner, does he have to say "Obey US law" or if they bring in an interior decorator do they also have to say "Obey US law". Do they also have to tell them to put on clothes before they leave their homes. One does not have to state the obvious. Kashrus has nothing to do with payroll.

[confused]

True kashrus is a separate issue. How ever a hashgocha can tell a company that if they break US law they will refuse to do business with them, in other words remove the hashgocha. Removing the hashgocha doesn’t necessarily mean its traif, its just means the mashgiach doesn’t want to deal with them.

Think of it as the same thing as the old “made in the USA” or “Union Made” labels, or the current fad for “Green” labeling.

If they keep it to simply “dina malchuta dina” it might work, if they try to push for some sort of progressive agenda beyond what the law requires, I predict it falls flat on its face.

[A E ANDERSON]

Sounds to me like the Reform-Conservative-Recon "Tiqoon 'Olam" agenda has finally found a toe-hold among the Orthodox. Of course, the RCA is far more centrist than Hared.

[harold]

How ever a hashgocha can tell a company that if they break US law they will refuse to do business with them,

Does this mean that the people doing the certification need a degree in law as well? So besides having in their employ people who know the laws of kashrus they need a legal and accounting staff and the balls to tell the company that they want to look over their books, payroll and human resources records all to give the kashrus certification.

Give me a break.

[state of disgust]

harold:
1. They do not need to know the law, they need to ask if the company has ever been in trouble for labor law, minimum wage, ICE, OSHA, EPA issues and check government records as to the outcome of those issues. This is easily done since most info is on the web.
2. It is clear you have never been involved in a treif accusation action. One of the first things a hechsher org does is check the books to see if the company is selling more meat then it has purchased for processing and resale (see the last Monsey butcher shop scandal).
3. Rubashkin's trouble with the EPA was a public issue for example, well documented and would take you all of 30 seconds to discover if you know how to use an internet search engine. This is something that would not take a lot of time or special training. Just a desire to know and act if necessary, on the truth.

[confused]

I am sure there are some who want to expand Kasherous supervision in exactly that way. I think there are people who want to take it further, in not allowing a mashgiach to even offer to supervise until the company first certifies that they do a whole bunch of extra things that are not mandated by law. While both may be a good idea in theory, you are right in that they have absolutely nothing to do with kasherous.

However, once a company does get caught doing something illegal, there is nothing wrong with the hechser saying “we aren’t sending our mashgichim back to your plant until we are sure any illegal acts have ended”. This doesn’t mean the product is suddenly not kosher, just unsupervised.

[harold]

However, once a company does get caught doing something illegal, there is nothing wrong with the hechser saying “we aren’t sending our mashgichim back to your plant until we are sure any illegal acts have ended”.

Absolutely, I have problems with that. That costs nothing and is morally right. But the kashrus supervisor need not be involved with issues outside of the supervision process. The more outside duties they take on the more expensive hasgachas will be. The cost of kosher foods is high enough without thinking of more creative ways of making it more expensive.

If I call in a termite inspector I don't expect him to check for mold, check my electrical system, or check my heating or air conditioning system. It would be nice if he would do all those things but not if he will bill me for it.

[harold]

Absolutely, I have problems with that

I mean

Absolutely, I have no problems with that

[An old time observer]

THE FOLLOWING WAS SENT IN THE PAST TO THE MAJOR KOSHER CERTIFIERS:

We owe it to the kosher consumer

We in the field of Kashrus have accepted a fiduciary responsibility on behalf of the kosher consumer. Therefore, we owe our fidelity to the kosher consumer to uphold and maintain that fiduciary responsibility.

Executives who face troubling decisions are often confused about how to arrive at the right, moral and ethical course of action. This is not surprising since by definition a “moral dilemma” is one where there is no clear right and wrong, only positives and negatives.

We should be guided in our moral reasoning by the insight that comes from respecting the moral rights of the kosher consumer; justice to colleagues and peers; consequences and outcomes; explaining and defending to others as well as to ourselves the decisions we make.

Have I searched for all alternatives? Are there other ways I could look at the situation? Have I listened and considered all points of view of my colleagues and peers, while still maintaining high ethical standards?

Even if there is sound rationality for this decision, and even if I could defend it publicly, does my inner sense tell me this is right? Will my colleagues, peers, and the educated kosher consumer agree with my rationality?

Does this decision agree with my religious beliefs and with my personal principles and sense of responsibility to the kosher consumer? Would I want others in kashrus to make the same decision and to take the same action if faced with the same circumstances?

What are my true motives for this action? Would this action infringe on the moral rights and dignity of others? Would this action involve deceiving others in any way? Would I feel this action was just (ethical or fair) if I were on the other side of the decision? Am I being unduly influenced by others who may not be as sensitive to these ethical standards?

How would I feel (or how will I feel) if (or when) this action becomes known to the educated

Kosher consumer? Would others feel that my action or decision is ethically and morally justifiable to the educated kosher consumer? Can I justify my action as directly beneficial to the kosher consumer and to kashrus in general?

We can stretch and expand our moral reasoning and ethical judgment, and sharpen our ethical sensitivity and moral awareness by thinking through particular dilemmas in light of the above. If we consider all the questions discussed above with real intent and pure motives, then we can be confident that we will come with G-D’s help, to sound and ethical decisions.

When we achieve clarity as to the issues of the dilemma, we are better prepared to make a decision that is both right and defensible. We must remember that our goal is to achieve an ethical course of action in all areas of kashrus, not to find a way to construct a rational argument in support of an unethical decision.

Our daily decisions do (at times indirectly) impact the kosher consumer. We live in a world where other concerns e.g. profits etc., often come into conflict with the concern for ethics and principles; and where society is demanding a higher standard of kashrus, and a higher ethic of social responsibility to the kosher consumer.

We must be willing and able to give the kosher consumer in fact, that which the kosher consumer believes he / she is getting in theory.

We owe it to ourselves…..we are all “kosher-consumers”.

Yudel Shain
Kosher Consumers Union

[Neo-Conservaguy]

I'm happy to bash the Conservative movement when appropriate, but I believe you've failed to give them proper credit for the impact of Magen Tzedek as a prodding agent. If the RCA/OU puts "meat" into this effort, it's a win for everyone. Now, all they have to do is tell everyone that cooked meat from Postville that keilim must be kashered and I might have to respect them.