Immediate Publication, Fines and Seizures: How the Chief Rabbinate Fights Kashrut Fraud. Special Interview with Rabbi Rafi Yochai

Inspectors from the Kashrut Fraud Department were shocked last week when they raided an Asian restaurant on King Solomon Street in Jerusalem. To their horror, they discovered that the restaurant was using curry seasoning that contained seafood (shrimp). This occurred despite the restaurant being presented as kosher and even holding a kashrut certificate (which was ultimately discovered to be forged).

If you were shocked by this case, you'll be even more disturbed when you realize this isn't an isolated incident. Rabbi Rafi Yochai, director of the Kashrut Fraud Enforcement Department at the Chief Rabbinate of Israel, notes that this is one of the classic cases his department encounters.

"Just in the past month," he shares, "we've encountered several food service establishments that forged certificates. For example, we found a restaurant in Haifa that presented its products as kosher despite having no kashrut certificate at all and operating on Shabbat. Or 'Gidi-Yon Catering,' which was also caught misleading the public without being under the supervision of the Chief Rabbinate of Israel, despite advertising itself as 'Kosher under the supervision of the Chief Rabbinate.' There's also the 'Beit Fein' complex in Bethlehem of Galilee, where serious findings were discovered, such as non-kosher meat, unsupervised leafy vegetables, and more. Although they had a kashrut certificate, following these recent discoveries, it was decided to remove it due to the serious violations."

The Forgery Business

To understand how such situations occur, Rabbi Yochai explains that in Israel, as a Jewish democratic state, there is no requirement for businesses to be kosher. "However," he emphasizes, "the state recognizes that the percentage of citizens in Israel who need kosher food is the highest in the world. Therefore, in response to this need, the Kashrut Fraud Prevention Law of 1983 was enacted, which stipulates that a food establishment cannot be represented as 'kosher' in writing unless it has a kashrut certificate from the Chief Rabbinate. The local rabbi is actually the one authorized to grant the certification."

Nevertheless, Rabbi Yochai notes that over the years, many businesses have concluded that to promote sales, it's beneficial to be kosher, as the demand for kosher food continues to grow. But of course, not everyone is willing to make the effort and comply with all the halachic requirements, which is exactly what leads to cases of forgery and fraud.

And how do you prevent such cases?

"We use supervisory measures," explains Rabbi Yochai. "We have inspectors responsible for enforcing the Kashrut Fraud Prevention Law, and they conduct regular inspections as well as inspections in response to consumer complaints about food establishments and factories. These inspectors have full authority and are permitted to enter factories or production facilities armed. This isn't without reason, as there are many cases where the forgers are known criminals attempting to deceive the public. Our coordinators are also authorized to issue administrative fines under the Kashrut Fraud Law, and when necessary, cases are brought to court. Over the past four years, fines totaling approximately 5 million shekels have been issued."

Of course, alongside the fines, the department also ensures that the names and details of the fraudsters are published. "The tremendous exposure these publications receive greatly helps to eliminate the phenomenon of forgery," he notes. "In the past, if a forger was caught in Dimona or Afula, it took time for the public to become aware, but now information spreads quickly. It's also important for me to mention that we take into account that we could be sued for any of our publications, so we make sure to verify thoroughly before publishing, ensuring our publications are 100% accurate."

And why shouldn't we just go to the police and file a complaint there?

"While the police do handle complaints that reach them, when a complaint is filed with the police, an indictment might only be filed years later, during which time people continue to be misled into consuming non-kosher products daily. Therefore, we at the Chief Rabbinate feel it is our duty to use the authority we have and reach any business that is forging within a very short time to address it as required."

And the treatment, it turns out, includes not only fines but also various sanctions against businesses, as those who continue despite the fine receive seizures. "We have the legal authority to seize real estate, salaries, bank accounts, and more. Our handling is swift and to the point. But from our experience - the best sanction against business owners who forge kashrut certifications is when the general public refrains from purchasing their company's products. This is the heaviest weapon against businesses."

Cheap Forgeries

Besides the forgery by business owners who present their restaurants and food factories as kosher, there is also the forgery of kashrut stamps appearing on food packages. "Practically speaking, this forgery shouldn't be particularly complicated," explains Rabbi Yochai. "All you need to do is take the symbol of any kashrut authority you want, print it, and try to sell it. As you can see - sometimes it works."

But why would people do this? Why would they want to forge?

"There can be several reasons for this. Sometimes it's because there's a large profit in this area, such as in olive oil or meat, where the gap between a kosher product and a non-kosher one can be enormous. In such cases, it's purely a financial matter. But there are also times when the interest stems from administrative reasons – there might be a manufacturer who thinks they understand everything there is to know about providing kashrut certification and is convinced they can write on the product that it's kosher under their supervision, despite kashrut laws and protection laws forbidding this."

Are there types of forgeries that are particularly common?

"Indeed, when it comes to counterfeit products from abroad, we often find that the kashrut appears on a sticker (rather than on the packaging itself), or that the name of the Chief Rabbi appears in a foreign language, making it obvious that it's a forgery, but these are simple forgeries that can be easily detected. Sometimes there are more sophisticated forgeries that require a lot of experience and knowledge to identify."

And which kashrut certifications are most commonly forged?

"There are several types of forgers - there are those who operate like small, fly-by-night operations and prefer to forge anonymous and unknown kashrut certifications. They usually operate for a year or two until they're discovered, and then they move on to forging another product. In contrast, there are several very experienced organizations that are more knowledgeable in the craft. They sometimes forge even mehadrin (strictly kosher) certifications and operate at greater risk, but their profits are also larger. Of course, we make sure to deal with all of them and take the most severe measures."

And how can we, ordinary people, know if we're being deceived at a restaurant and being shown a forged certificate?

"There are several basic rules for this – first, when a person enters a business that presents a kashrut certificate, they should check if there's a match between the rabbinate that signed the certificate and the location of the business. In other words – if you enter a restaurant in Jerusalem and see that the rabbinate that signed its kashrut certificate is in Tel Aviv, this is certainly a problematic restaurant, because by law, each rabbinate is authorized to sign only within its jurisdiction.

Additionally, it's advisable to check the consistency between the name specified on the kashrut certificate and the name of the business. For example, if the kashrut certificate says 'Moses Falafel' and the name of the business is 'Judah Falafel,' it's likely there's a forgery here. There should also be consistency in the address of the place and other details, and in any case," he emphasizes, "you can always call the inspector or supervisor (the business owner must provide contact details on the kashrut certificate) to resolve any doubts."

Rabbi Yochai also adds: "It's of great importance for people to be vigilant, inquire, ask questions, and verify. This can save them from literally eating non-kosher food, and additionally – once business owners see that there's a demand for kashrut, and that people are monitoring them, they'll be less tempted to forge, and we'll all benefit."