Fda Reform Legislation Threatens Kosher Labeling

Legislation pending in Congress to improve and streamline Federal Food and Drug Administration regulations could undermine kosher labeling laws.

Orthodox groups are warning that provisions in the FDA reform legislation, which would replace existing state food safety and labeling laws with uniform federal laws, could make it more difficult for kosher consumers to verify the authenticity of kosher products.

Although the fate of the legislation remains unclear, Orthodox groups are actively trying to alert lawmakers to their concerns.

Their chief concern is to safeguard the kosher labeling laws, now in effect in at least 19 states, which protect consumers from fraudulent mislabeling.

“These laws are of great importance to kosher consumers and we must oppose any federal legislation – whatever its other merits – that may jeopardize their ongoing viability,” said Abba Cohen, director and counsel of Agudath Israel’s Washington office.

State laws, which deal with consumer protection rather than rabbinic designation of what is kosher, have been found to be highly effective, according to Betty Ehrenberg, director of the Orthodox Union’s Institute for Public Affairs.

Orthodox groups are afraid that if regulating authority “were pushed up to the federal level that it would be watered down, neglected, and that you’d lose the ability to carefully monitor whether or not a store or a company is in compliance with kosher laws,” Ehrenberg said.

The comprehensive FDA reform legislation seeks, among other things, to speed up the process of approving new drugs and medical devices.

But it is the additional provisions of the measure, which deal with food safety and food labeling procedures, that have sparked concern in the Jewish community.

The House version of the legislation currently contains provisions that would impose national uniformity on food-labeling laws, thereby pre-empting state and local regulations.

On the Senate side, an amendment to impose such uniformity has been temporarily stalled.

Orthodox groups expressed the hope that lawmakers would strike out these provisions once they understood the implications for kosher laws.

“I don’t think they’ve thought this out from the kosher point of view,” said Mandell Ganchrow, president of the Orthodox Union.

“We hope we can work this out without any kind of mass hysteria, and we hope we won’t have to fight.

“But,” he added, “id we have top fight, we haven’t begun to fight.”

Even if Congress ultimately passes legislation that includes uniformity in labeling, existing kosher regulations could be eligible for an exemption, Cohen said.

The proposed legislation would exempt state regulations if they are “justified by compelling and unique local conditions” and “protect an important public interest.”

But Cohen hopes it does not come down to what he said could be a “long, laborious process” of qualifying for an exemption.

“We do not feel it is wise to inject even an element of uncertainty into the equation – not when the kosher consumer’s rights are at stake,” he said.