N.J. Reports First Major Test of Kosher Protection Law

The first major violation of a New Jersey law, which makes it a fraud to mislead observant consumers by selling or offering to sell or serve as kosher non-kosher foods, was announced today by James Barry, Jr., director of the New Jersey Division of Consumer Affairs.

The first law to protect observant New Jersey consumers was signed in 1977 by then Governor Brendan Byrne, but it had two flaws, a division spokesman told the Jewish Telegraphic Agency in a telephoned report. It made such offenses criminal acts, but made no provision for enforcement machinery, and it failed to appropriate funds to implement the act.

A new bill, introduced with the help of the local chapter of Agudath Israel of America, provided $90,000 to operate the service and made such misrepresentation a violation of the state’s Consumer Fraud Act. It was signed last November by Governor Thomas Kean.

A small kosher butcher in Linden, N.J. agreed to a consent order not to continue selling non-kosher chicken as kosher and paid a $1,000 fine for a civil offense, Barry said. That happened on the first day the new code was effective on April 1.

The major offense involved the Allgood Kosher Meat and Poultry Market of Clifton, N.J. whose partners signed an administrative action consent order admitting to 421 violations of the Consumer Fraud Act, after a routine inspection by the kosher foods inspection unit of the division. In the consent order, filed April 25, the Clifton store agreed to pay a $3,000 penalty and to pay the state $500 for its costs of investigation and prosecution. Berry said the store owners admitted the possession of 280 non-kosher chickens; 100 non-kosher chicken breasts, 35 non-kosher turkeys, three packages of non-kosher beef liver; and three containers of non-kosher chicken liver.

Under the consent order, the partners agreed also not to sell the non-kosher products and to dispose of them; and to pledge not to violate the fraud law rules. The division spokesman said the partners had paid the penality and the costs.

Under the new law, the division inspects stores and restaurants throughout New Jersey which advertise availability of kosher foods. Barry said that it is now a violation to sell, expose for sale, serve or have available to sell in any restaurant, hotel, store, catering facility or any other retail outlet any food which is falsely represented to be kosher or kosher for Passover which is not produced under authoritative rabbinical supervision.