Were We Misled? The Frozen Bread Post-Passover Controversy

If you also went to buy bread after the Passover holiday and were surprised to find half-frozen loaves thawed directly from the freezer instead of fresh rolls straight from the oven, you are not alone.

On the night after the holiday, many consumers complained about this. They claimed that various supermarket chains sold these breads without proper signage indicating that the breads were not fresh. As a result, consumers who did not check the production date of the bread (like many of us) bought it innocently, believing the bread to be freshly baked immediately after Passover.

Rabbinical Explanation: "No Cause for Concern"

Was the public actually misled here? We posed this question to several officials and sought their opinion.

"In fact, from a halachic standpoint, nothing contrary to the rabbinical requirements was done," says Rabbi Chagi Bar Giora, the official responsible for bakeries in the country on behalf of the Chief Rabbinate. "All supermarkets and pastry shops sell the chametz to non-Jews on the eve of the holiday. They sell noodles, wafers, cakes, and bourekas, and immediately after the holiday, they thaw and bake. Do you think that half an hour after the holiday ends, they would manage to bake in such large quantities? The same is true for bread. There is no halachic difference between bread and biscuits. Those who do not specifically insist on consuming products baked after Passover do not need to worry about the frozen bread."

To help those who want a deeper understanding, Rabbi Bar Giora provides the following explanation: "You need to know that the bread baked in the Angel and Berman bakeries, under the Badatz certification and the Jerusalem Rabbinate, is made from wheat that undergoes a soaking process before it is ground. The soaking causes the wheat germ to sprout within the wheat itself, and this is why flour bought in stores is considered 'sprouted flour' throughout the year and is chametz all year long, prohibiting keeping flour packages at home during Passover."

"Until seven years ago, the Badatz required bakeries to bake only with dry flour, which hadn't been soaked, on the night after Passover to avoid stumbling those who observe the custom of not consuming chametz stored over Passover, even when sold to a non-Jew. Seven years ago, the Badatz changed its policy and decided to allow bakeries to produce bread after Passover using flour prepared before the holiday and sold to non-Jews. This means that bread purchased five days after the holiday ended is likely still made from chametz flour sold to non-Jews during Passover. Personally, I make sure not to consume chametz over Passover, even if sold to a non-Jew, so I continue eating matzah for several days after Passover until I can be certain that the bread is made from flour milled after the holiday."

Incidentally, Rabbi Bar Giora notes that people often aren't aware, but many pastry shops continue baking products from chametz flour sold to non-Jews days after the holiday. "There are supermarkets that release goods marked 'baked after Passover' in the first days after the holiday, but within two weeks they begin rolling out wafers produced before the holiday. For those who do not insist on consuming only products baked after the holiday, this is not a problem. Those who want to be meticulous need to continue tracking products for a few months."

Rabbi Bar Giora also provides a marker: "You should wait for and look for packages with the number: 8098. The number 8 refers to the year 2018, and 98 refers to the day of the year that is the first day after Passover. If this number appears, you can be sure that the product was made after Passover."

"But in any case," he stresses again, "the status of frozen bread frozen before Passover and sold to a non-Jew is exactly the same as that of bread baked the day after Passover with chametz flour sold to a non-Jew, so those who are not particular about this do not need to worry about being led astray."

The Charedi Chains: "We Won't Accept This"

Still, it turns out that in the chains in the Charedi cities, this phenomenon does not appear. Shmuel Atias, CEO of Nativ Chesed, explains: "From the eve of the holiday, agreements are made between food chains and companies for the supply of "baked after Passover" goods. This is a challenging and complex logistical effort—predominantly involving applying pressure on companies. Of course, there are companies that freeze chametz before the holiday and sell it immediately after the holiday. However, in our agreements, we highlight that the goods should be baked after the holiday, and some items even from flour milled after it."

"Bakeries know to channel the frozen bread to the general sector and offer the Charedi sector bread that meets their kosher standards. In one of our stores, for instance, we discovered part of the sliced bread stock was frozen stock and immediately returned it to the supplier."

"At Nativ Chesed, we make every effort to supply branches with a wide range of chametz products as soon as possible after the holiday. Within two days, it was possible to find wafers, cookies, pretzels, and a selection of chametz products that were quickly snapped up."

Consumer Misleading

Even if putting aside the halachic aspect, it turns out there is also a significant legal issue with presenting thawed frozen bread as fresh bread right after Passover.

The Consumer Council clarifies: "Bread that has been frozen and is sold after thawing has different quality than fresh bread. Moreover, a reasonable consumer who does not notice the 'fine print' on the packaging may mistakenly think it's fresh bread that can be refrozen."

“Given the importance of the issue and considering that selling frozen and thawed bread is a rare event, and the public tends to purchase fresh bread without checking the packaging every time if it is indeed fresh, it would have been appropriate to display this important information through suitable signage on the shelves, and not just on the product packaging. Lack of proper disclosure represents a grave deception and affects not only the religious public, who are careful not to consume chametz kept over Passover, but also the general public who are sold defrosted bread rather than fresh at a regular price."

All the above applies only in the absence of clear and proper disclosure. Failure to disclose can stem from a marking that is too small, concealed marking, especially if the packaging is identical to another product. The council cannot determine the factual situation accurately, and accordingly, the information provided serves only as general and essential guidance."

In summary: If you're not particular about consuming only products made from flour milled after Passover, you can rest easy. No one has led you astray halachically. But if it’s important to you to sink your teeth into a truly fresh roll after Passover, make sure to check exactly what is written on the packaging, even in the small print.