IS IT KOSHER?

FEDERAL AND STATE KOSHER SLAUGHTER LAWS

ver the years, many states have enacted various laws concerning "humane slaughter." Some of the details of these laws could be technically impossible to implement in kosher slaughter. Recognizing this problem, and wanting to satisfy the freedom-of-religion laws of the United States, most states have enacted special exemptions for Kosher Slaughter. Following are some prime examples of Federal and State laws concerning Kosher Slaughter.

1989 Food and Agricultural Code

CHAPTER 6, SLAUGHTER

(Chapter 6 added by Stats. 1967, Ch. 1381)

19501. After June 1, 1968, cattle, calves, horses, mules, sheep, swine, or goats shall be slaughtered by the methods prescribed in this section. All state agencies shall contract for, purchase, procure, or sell all or any portion of only such animals as are slaughtered in conformity with the provisions of this chapter. The provisions of this chapter shall apply to any person engaged in the business of slaughtering animals enumerated in this section, or any person slaughtering any such animal when all or any part of such animal is subsequently sold or used for commercial purposes.

For the purposes of this section, prescribed methods are defined to be the following:

All cattle, calves, horses, mules, sheep, swine, or goats shall be either:

(a) Rendered insensible to pain by a captive bolt, gunshot, electrical or chemical means, or any other means that is rapid and effective before being cut, shackled, hoisted, thrown, or cast; or

(b) Handled, prepared for slaughter, and slaughtered in accordance with ritual requirements of the Jewish or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

U.S. FEDERAL PUBLIC LAW 85-764

85th Congress, 2nd Session, H.R. 8308

August 27, 1958

LIVESTOCK — HUMANE METHODS OF SLAUGHTER

PUBLIC LAW 85-765; 72 STAT. 862.

[H.R. 8305]

An Act to establish the use of humane methods of slaughter of livestock as a policy of the United States, and for other purposes.

SEC. 2. No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the United States unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane:

(a) In the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or

(b) By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

SEC. 6. Nothing in this Act shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this Act, in order to protect freedom of religion, ritual slaughter and the handling or other terms of this Act. For the purposes of this section the term "ritual slaughter" means slaughter in accordance with section 2 (b).

An Act

To amend the Federal Meat Inspection Act to require that meat inspected and approved under such Act be produced only from livestock slaughtered in accordance with humane methods, and for other purposes.

92 STAT. 1070

SEC. 6. Nothing in this Act shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this Act, in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this Act. For the purposes of this section the term "ritual slaughter" means slaughter in accordance with section 2(b) of the Act of August 27, 1958 (72 U.S.C. 1902 (b.)

STATE OF WASHINGTON

Chapter 16.50 RCW

HUMANE SLAUGHTER OF LIVESTOCK

RCW 16.50.100 Declaration of policy

The legislature of the state of Washington finds that the use of humane methods in the slaughter of livestock prevents needless suffering; results in safer and better working conditions for persons engaged in the slaughtering industry; brings about improvement of products and economy in slaughtering operations; and produces other benefits for producers, processors and consumers which tend to expedite the orderly flow of livestock and their products. It is therefore declared to be the policy of the state of Washington to require that the slaughter of all livestock, and the handling of livestock in connection with slaughter, shall be carried out only by humane methods and to provide that methods of slaughter shall conform generally to those authorized by the Federal Humane Slaughter Act of 1958 and regulations thereunder. [1967 c 31 § 1]

RCW 16.50.150 Religious freedom — Ritual slaughter defined as humane. Nothing in this chapter shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provisions of this chapter, ritual slaughter and the handling or other preparation of livestock for ritual slaughter is defined as humane. [1967 c 31 § 10]

STATE OF OREGON

Chapter 603

1981 REPLACEMENT PART, MEAT DEALERS AND SLAUGHTERERS

603.065 Slaughter methods. (1) Cattle, equines, sheep or swine shall be slaughtered by a licensee and handled in connection with slaughter, by any method which:

(a) Renders each such animal insensible to pain by a single blow or gunshot or by an electrical, chemical or other means that is rapid and effective, before the animal is shackled, hoisted, thrown, cast or cut; or

(b) Is in accordance with the ritual requirements of any religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

(2) No licensee engaged in the slaughter of animals described in subsection (1) of this section shall slaughter by any method other than therein described, nor shall shackle, hoist, or otherwise bring such animals not previously rendered insensible to pain in accordance with subsection (1) of this section into position for slaughter by any method which shall cause injury or pain. [1973 c.175 §48]

STATE OF MARYLAND

Article 27, § 331, HUMANE SLAUGHTER OF LIVESTOCK

§333A. Definitions

(a) As used in this subtitle these words are defined and shall be applied as follows:

(b) "Person" means any individual, partnership, corporation, or association doing business in this State, in whole or in part.

(c) "Slaughterer" means any person regularly engaged in the commercial slaughtering of livestock.

(d) "Livestock" means cattle, calves, sheep, swine, horses, mules, goats and any other animal which can or may be used in and for the preparation of meat or meat products, but does not include poultry or fowl.

(e) "Packer’ means any person engaged in the business of slaughtering or of manufacturing or preparing meat or meat products for sale, either by such person or others; or of manufacturing or preparing livestock products for sale by such person or others.

(f) "Stockyard" means any place, establishment or facility commonly known as a stockyard, conducted or operated for compensation or profit as a public market, consisting of pens, or other enclosures, and their appurtenances, for the handling, keeping and holding of livestock for the purpose of sale or shipment.

(g) "Humane method" means either: (1) A method whereby the animal is rendered insensible to pain by mechanical, electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or (2) a method in accordance with ritual requirements of the Jewish faith or any other religious faith, whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument. The use of a manually operated hammer, sledge or poleax during slaughtering operations is specifically declared to be an inhumane method of slaughter within the meaning of this subtitle (1962, ch. 2)

§ 333B. Use of other than humane methods prohibited. No slaughterer, packer or stockyard operator shall shackle, hoist, or otherwise bring livestock into position for slaughter by any method other than a humane method. No slaughterer, packer, or stockyard operator shall bleed or slaughter any livestock except by a humane method. (1962, ch. 2)

§ 333C. Protection of freedom of religion; exemptions from subtitle. Nothing in this subtitle shall be construed to prohibit, abridge or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this subtitle, in order to protect freedom of religion, ritual slaughter and the handling of other preparation of livestock for ritual slaughter are exempted from the terms of this subtitle. For the purposes of this section the term "ritual slaughter" means slaughter in accordance with §333A (g) (2). Nothing in this subtitle shall be construed to apply to a farmer while slaughtering his own livestock. (1962, ch. 2)

§14-902. False representation construed. A false representation prohibited by this subtitle includes: (1) Any oral or written statement that directly or indirectly tends to deceive or otherwise lead a reasonable individual to believe that a non-kosher product is kosher.

§14-903. False or misleading representations in sale of food products.

(a) A person may not sell or offer for sale any food that he falsely represents to be kosher or kosher for Passover.

(b) A person may not falsely represent any food or the contents of any package or container to be kosher or kosher for Passover by having or permitting to be inscribed on it, in any language, the words "kosher," "parve," or "glatt."

(c) (1) In this subsection, "Hebrew symbol" means

(i) Any Hebrew word or letter; or

(ii) Any symbol, emblem, sign, insignia, or other mark that simulates a Hebrew word or letter.

(2) In connection with any place of business that sells or offers for sale any food, a person may not display, whether in a window, door, or other location on or in the place of business, in any handbill or other printed matter distributed in or outside of the place of business, or otherwise in any advertisement, any Hebrew symbol unless he also displays in conjunction with the Hebrew symbol, in English letters of at least the same size as the characters used in the Hebrew symbol, the words "we sell kosher meat and food only," "we sell non-kosher meat and food only," or "we sell both kosher and non-kosher meat and food," as the appropriate case may be.

(d) (1) In this subsection, "fresh" means unprocessed other than by salting or soaking.

(2) A person may not sell or offer for sale, as kosher, any fresh meat or poultry unless the words "soaked and salted" or "not soaked and salted," as the appropriate case may be, is marked:

(i) On the package label; or

(ii) If the product is not packaged, on a sign prominently displayed in conjunction with the product.

(3) A person may not sell or offer for sale, as kosher, any fresh meat or poultry that is identified as "soaked and salted" unless the product has been soaked and salted in a manner which makes it kosher. (an. Code 1957, art. 27, § 196; 1975, ch. 49, § 3; 1979, ch. 536)

§14-907. Identification of packaged food products.

(a) In this section, "packaged food product" means a food product that:

(1) In advance of sale, is put up or packaged, in any manner, in units suitable for retail sale; and

(2) Is not intended for consumption at its point of manufacture.

(b) A person may not sell or offer for sale, as kosher or kosher for Passover, any packaged food product unless:

(1) It has a kosher identification securely attached to the outside of the package; and

(2) This identification was attached to the package by the producer or packer of the product at his place of business.

(c) Subsection (b) applies to any packaged food product that is marked or identified with:

(1) In any language, the words "kosher," "parve," "glatt," "rabbinical supervision;"

(2) Any other word or symbol identifying the product as kosher or kosher for Passover; or

(3) The English letters "K" "KP," "KD," "KM," "KF," "KOS," or "RS," except as part of a registered trademark. (1979, ch. 536)

County Sec. 18-12. Kosher foods.

(a) (1) The word "person," when used in this section, shall include association, firm, partnership, corporation or agent or employee of any thereof.

(2) The word "kosher," when used in this section, shall mean sanctioned by Jewish law, that is to say prepared under or consisting of a product or products sanctioned by the Orthodox Hebrew religious rules and requirements and dietary laws as defined in "Shulchan Aruch," "Yoreh Deah" and "Oruch Chaim," and as construed and interpreted from time to time by the Council of Orthodox Rabbis of Baltimore.

(3) The word "food," when used in this section, shall include the following for human consumption on or off premises: Meat, meat products, meat preparations, food, food products, food preparations and beverages, both alcoholic and non-alcoholic.

(b) Any person who, with intent to defraud, serves, sells or exposes for sale in any hotel, inn, restaurant, boarding house, lunchroom, caterer, grocer and all other places where food is served or sold for human consumption, on or off the premises, and falsely represents same to be kosher, either by direct or indirect statements, orally or in writing, which might reasonably be calculated to deceive or lead a reasonable man to believe that a representation is being made that such food is kosher, shall be guilty of a misdemeanor.

(c) Any person who, in any place where food is served or sold for human consumption, displays on his window, door or in his place of business or in handbills or other printed matter or advertisement, distributed in or outside his premises, words or letters in Hebraic or other characters, or any sign, emblem, insignia, six point star, symbol or marking simulation of same without displaying in conjunction therewith in English letters of at least the same size as such characters, signs, emblems, insignia, symbols or marks, the words "We Sell Kosher Food Only" or "We Sell Non-Kosher Food Only" or "We Sell Both Kosher and Non-Kosher Foods," as the case may be, shall be guilty of a misdemeanor.

(d) Mere possession of non-kosher food in any place of business advertising the serving or sale of kosher food only, is presumptive evidence that the person in possession of such food exposes the same for serving and/or for sale, with intent to defraud, in violation of the provisions of this section.

(e) In order to comply with the provisions of this section, persons serving and selling or exposing for sale kosher foods only, or both kosher and non-kosher foods, must adhere to and abide by Orthodox Hebrew religious rules and requirements and the dietary laws as defined in "Shulchan Aruch," "Yoreh Deah" and "Oruch Chaim;" otherwise they shall be in violation of this section.

(f) Any person engaged in the manufacture, sale, preparation or distribution of any kosher foods, whether the same be raw or cooked, who shall willfully refuse to permit the inspector to enter upon or in their premises for the purpose of carrying out his duties as outlined under subsection of this section, and/or who shall willfully interfere with the said inspector’s performance of his duties as outlined in subsection (h) of this section, shall be guilty of a misdemeanor.

Baltimore City Regulations 49 : KOSHER MEAT

(a) Bureau. There is hereby established a Bureau to be designated and known as the "Bureau of Kosher Meat and Food Control," and for the proper conduct of said Bureau and for the purpose hereinafter set forth the Mayor shall appoint six (6) persons qualified as hereinafter provided. The Bureau shall consist of three (3) duly ordained orthodox Rabbis and three (3) laymen selected from a list to be submitted by "The Council of Orthodox Rabbis of Baltimore" and "The Orthodox Jewish Council of Baltimore."

The members of the Bureau of Kosher Meat and Food Control shall receive no compensation for their services hereunder.

(b) Appointees. Appointees shall be of high standing for their expert knowledge and interest in the orthodox Hebrew rules, regulations and requirements pertaining to the sale, manufacture, distribution and preparation of kosher meat, meat preparations, food and food products for human consumption on or off premises.

And the appointees shall be persons whose capacity for such expert knowledge is generally recognized in the community and shall be persons who are not financially interested in the manufacture, sale or distribution of any such products.

50. Sales to defraud.

Any person, firm or corporation who, with intent to defraud, sells, exposes for sale, any meat or meat preparation, article of food or food products, and falsely represents the same to be Kosher, whether such meat or meat preparation, article of food or food product be raw or prepared for human consumption, or as having been prepared under and/or of a product or products sanctioned by the orthodox Hebrew religious rules and requirements or under the dietary laws either by direct or indirect statement, orally or serves, sells or exposes for sale in any hotel, inn, restaurant, boarding house, eating house, lunch room, caterers or grocers or other place where food products or food are sold for human consumption on or off the premises, any meat preparation food or food product, and falsely represents the same to be kosher, whether such meat, meat preparation, food or food product be raw or prepared, or as having been prepared under and/or of a product or products sanctioned by the orthodox Hebrew religious rules or requirements and/or dietary laws, either by direct or indirect statement, orally or in writing, which might reasonably be calculated to deceive or lead a reasonable man to believe that a representation is being made that such food is kosher or prepared in accordance with the orthodox Hebrew religious rules or requirements and/or dietary laws, or falsely represents any food product or the contents of any package or containers to be so constituted and prepared, by having or permitting to be inscribed thereon the word "Kosher" in any language; or sells or exposes for sale in the same place of business both kosher and non-kosher meat preparations, food or food products, either raw or prepared, and who fails to indicate on his window signs and all display signs and advertising in block letters of at least four inches in height "Kosher and Non-Kosher Food Sold Here," and who exposes for sale in any show window or place of business or who serves food off the premises both kosher and non-kosher food or food products, either raw or prepared, and who fails to display over each kind of food or food preparation a sign in block letters of at least four inches in height reading "Kosher Food" or "Non-Kosher Food," as the business, or in hand bills or other printed matter or advertisement distributed in any manner or way, words or letters in Hebraic or other characters, or any sign, emblem, insignia, six pointed star, symbol or mark in simulation of same without displaying in conjunction therewith in English letters of at least the same size the words "We Sell Kosher Food Only," or "We Sell Non-Kosher Food Only," or "We Sell Both Kosher and Non-Kosher Food," as the case may be, is guilty of a misdemeanor.

STATE OF RHODE ISLAND

Chapter 17

HUMANE SLAUGHTER OF LIVESTOCK

4-17-2. Definitions — As used in chapter:

(a) "Director" means the director of environmental management.

(b) "Person" means any individual, partnership, corporation, or association doing business in this state, in whole or in part.

(c) "Slaughterer" means any person who regularly engages in the commercial slaughtering of livestock.

(d) "Livestock" means cattle, cows, sheep, swine, horses, mules, goats and any other animal which can or may be used in and for the preparation of meat or meat products.

(e) "Packer" means any person engaged in the business of slaughtering or manufacturing or preparing meat or meat products for sale, either by that person or others; or of manufacturing or preparing livestock products for sale by that person or others.

(f) "Stockyard" means any place, establishment, or facility commonly known as a stockyard, conducted or operated for compensation or profit as a public market, consisting of pens, or other enclosures, and their appurtenances, for the handling, keeping and holding of livestock for the purpose of sale or shipment.

(g) "Humane method" means either:

(1) A method whereby the animal is rendered insensible to pain by mechanical, electrical, chemical or other means that is rapid and effective before being shackled, hoisted, thrown, cast or cut; or

(2) A method in accordance with the ritual requirements of the Jewish faith or any other religious faith whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

4-17-7. Penalty for violations. — Nothing in this chapter shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this chapter, in order to protect freedom of religion, ritual slaughter and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of this chapter. For the purpose of this section, the term "ritual slaughter" means slaughter in accordance with § 4-172(g)(2).

STATE OF ARIZONA

ARIZONA REVISED STATUTES, ARIZONA DEPARTMENT OF AGRICULTURE

(Eff. 1/1/91).

No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the state of Arizona unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane:

1. In the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut.

2. By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

STATE OF CALIFORNIA

Bill Number: AB 887

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12024.12 is added to the Business and Professions Code, to read:

12024.12 (a) Any person who sells fresh meat or poultry advertised or represented to be kosher shall retain for one year a true and legible copy of all invoices and records of cash or charge transactions from the packer or producer of the kosher meat or poultry and shall make these documents, and other evidence of the source of the meat being housed or sold by that person, available for inspection by the Department of Food and Agriculture or its representatives, upon request.

(b) Notwithstanding any other provision of law, the Director of Food and Agriculture shall enforce this section, as a pilot program in Los Angeles County until January 1, 1987, if adequate funding, as determined by the director, is made available.

(c) This section shall remain in effect only until January 1, 1987, and as of that date is repealed, unless a later enacted statute, which is chaptered before January 1, 1987, deletes or extends that date.

BILL TEXT

SEC. 2. The sum of forty-six thousand dollars ($46,000) is hereby appropriated from the General Fund to the Department of Food and Agriculture to carry out its duties pursuant to Section 12024.12 of the Business and Professions Code.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only cost which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction.

SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that consumers of fresh kosher meat and poultry will be adequately protected in their choice of that product and can have confidence in the state's ensuring the reliability of that product, it is necessary that this act take effect immediately.

KOSHER LAWS FROM CALIFORNIA STATE PENAL CODE

§383b. Kosher meats and meat preparations; sale and labeling regulations; false representations; punishment; kosher defined

Every person who with intent to defraud, sells or exposes for sale any meat or meat preparations, and falsely represents the same to be kosher, whether such meat or meat preparations be raw or prepared for human consumption, or as having been prepared under and from a product or products sanctioned by the orthodox Hebrew religious requirements; or falsely represents any food product, or the contents of any package or container, to be so constituted and prepared, by having or permitting to be inscribed thereon the words "kosher" in any language; or sells or exposes for sale in the same place of business both kosher and non-kosher meat or meat preparations, either are prepared for human consumption, who fails to indicate on his window signs in all display advertising in block letters at least four inches in height "kosher and non-kosher meats sold here" or who exposes for sale in any show window or place of business as both kosher and non-kosher meat preparations, either raw or prepared for human consumption, who fails to display over each kind of meat or meat preparation so exposed a sign in block letters at least four inches in height, reading "kosher meat" or "non-kosher meat" as the case may be; or sells or exposes for sale in any restaurant or any other place where food products are sold for consumption on the premises, any article of food or food preparations and falsely represents the same to be kosher, or as having been prepared in accordance with the orthodox Hebrew religious requirements; or sells or exposes for sale in such restaurant, or such other place, both kosher and non-kosher food or food preparations for consumption on the premises, not prepared in accordance with the Jewish ritual, or not sanctioned by the Hebrew orthodox religious requirements, and who fails to display on his window signs in all display advertising, in block letters at least four inches in height "kosher and non-kosher food served here" is guilty of a misdemeanor and upon conviction thereof be punishable by a fine of not less than one hundred dollars ($100), nor more than six hundred dollars ($600) or imprisonment in the county jail of not less than 30 days, nor more than 90 days, or both such fine and imprisonment.

The word "kosher" is here defined to mean a strict compliance with every Jewish law and custom pertaining and relating to the killing of the animal or fowl from which the meat is taken or extracted, the dressing, treatment and preparation thereof for human consumption, and the manufacture, production, treatment and preparation of such other food or foods in connection wherewith Jewish laws and customs obtain and to the use of tools, implements, vessels, utensils, dishes and containers that are used in connection with the killing of such animals and fowling the dressing preparation, production manufacture and treatment of such meats and other products, foods and food stuffs.

(Added by Stats. 1931, c. 1029, p. 2147, § 1. Amended by Stats. 1983, c. 1092,§ 278, urgency, eff. Sept. 27, 1983, operative Jan. 1, 1984.)

Historical Note

The 1983 amendment increased the minimum fine from $50 to $100; increased the maximum fine from $300 to $600; and made non-substantive changes.

Cross References

Enforcement, see Health and Safety Code, § 214.

Library References

Food–7,15.

C.J.S. Food § 12(8) et seq.

rds and Phrases (Perm. Ed.)

WESTLAW Electronic Research

See WESTLAW Electronic Research guide following the Preface.

1. Validity

This section proscribing selling meat, misrepresenting it to be kosher, requires specific intent to defraud, and, in view thereof, is not void for vagueness. Erlich v. Municipal Court of Beverly Hills Judicial Dist. (1961) 11 Cal. Rptr. 758, 360 P.2d 334, 55 C.2d 553.

2. Compliance with Jewish law and custom

This section proscribing fraudulently misrepresenting meat as kosher and defining kosher to mean strict compliance with every Jewish law and pertinent custom is limited to such laws and customs as are generally recognized among orthodox Hebrew religious requirements. Erlich v. Municipal Court of Beverly Hills Judicial Dist (1961) 11 Cal. Rptr. 758, 360 P.2d 334, 55 C.2d 553.

3. Kosher style

Food processors who pack dill pickles and label them "kosher style" when such pickles are not prepared and packed in such a manner as to render them strictly kosher according to orthodox Jewish ritual requirements do not violate this section. 30 Ops. Atty. Gen. 312.

§101.29 Labeling of kosher and kosher style foods.

The term "kosher" should be used only on food products that meet certain religious dietary requirements. The precise significance of the phrase "kosher style" as applied to any particular product by the public has not been determined. There is a likelihood that the use of the term may cause the prospective purchaser to think that the product is "kosher." Accordingly, the Food and Drug Administration believes that use of the phrase should be discouraged on products that do not meet the religious dietary requirements.

Chapter 990

An act to amend Section 12024.12 of the Business and Professions Code, relating to kosher food, making an appropriation therefore, and declaring the urgency thereof, to take effect immediately.

(Approved by the Governor, September 19, 1988. Filed with Secretary of State, September 20, 1988.)

LEGISLATIVE COUNSEL’S DIGEST

SB 1864, Rosenthal. Kosher food.

(1) Existing law requires, until July 1, 1988, that any person who sells fresh meat or poultry advertised or represented to be kosher retain specified records from the packer or producer of the meat or poultry for one year and to make these records available for inspection by the Department of Food and Agriculture. Violation of these provisions is a misdemeanor. The Director of Food and Agriculture is required to enforce these requirements in the Counties of Alameda, Los Angeles, Orange, San Diego, and Santa Clara and the City and County of San Francisco as a pilot program until July 1, 1988, if adequate funding is available.

This bill would extend the July 1, 1988 termination date for these provisions to January 1, 1994, thus imposing a state-mandated local program by continuing the existence of a misdemeanor. The bill would also require the department to evaluate the effectiveness of this program, as specified, and to report this evaluation to the Legislature by January 1, 1994.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(3) The bill would appropriate $70,000 to the department to carry out the program.

(4) The bill would declare that it is to take effect immediately as an urgency statute.

Appropriation: yes.

The people of the State of California do enact as follows:

SEC. 1. Section 12024.12 of the Business and Professions Code is amended to read:

12024.12 (a) Any person who sells fresh meat or poultry advertised or represented to be kosher shall retain, on the premises, for one year, a true and legible copy of all invoices and records of cash or charge transactions from the packer or producer of the kosher meat or poultry and shall make these documents, and other evidence of the source of the meat being housed or sold by that person, available for inspection by the Department of Food and Agriculture or its representatives, upon request.

(b) Notwithstanding any other provision of law, the Director of Food and Agriculture shall enforce this section, as a pilot program in the Counties of Alameda, Los Angeles, Orange, San Diego, and Santa Clara and the City and County of San Francisco if adequate funding, as determined by the director, is made available.

(c) This section shall remain in effect only until January 1, 1994, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes or extends that date.

SEC. 2 The Department of Food and Agriculture shall evaluate the effectiveness of the pilot program conducted pursuant to Section 12024.12 of the Business and Professions Code, and shall report to the Legislature on its effectiveness by January 1, 1994. The effectiveness of the pilot program shall be demonstrated by a reduction of not less than 75 percent in allegations of fraudulent kosher meat products made to the Attorney General and to appropriate consumer agencies since the program’s inception on August 1, 1985. The evaluation shall include a determination of the cost effectiveness of the pilot program and recommendations regarding whether it should be continued, reduced, expanded, or modified. The department shall use not more than 7 percent of the program's final year appropriation for purposes of preparing the report to the Legislature.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only cost which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction.

SEC. 4. The sum of seventy thousand dollars ($70,000) is hereby appropriated from the General Fund to the Department of Food and Agriculture to carry out Section 12024.12 of the Business and Professions Code.

SEC 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure a continuing supply of genuine, high-quality kosher meat in this state, it is necessary that this act take effect immediately.

KOSHER LAWS FROM NEW YORK STATE PENAL CODE

Provisions of Agriculture and Markets Law

Relating to SALE OF KOSHER MEAT AND FOODS

With Rules and Regulations

Revised January 1988 (Includes amendments through the 1987 legislative session)

PROVISIONS OF AGRICULTURE AND MARKETS LAW IN RELATION TO KOSHER LAW ENFORCEMENT

Article 2

Section 16. General powers and duties of department.

The department through the commissioner shall have power to: Investigate, inspect and supervise the sale and exposure for sale of meat and meat preparations and enforce the provisions of sections two hundred one-a, two hundred one-b and two hundred one-c of this chapter relating thereto, designate an employee of the department as "director of kosher law enforcement" and to make such rules and regulations imposing such additional requirements and restrictions upon such sale and exposure for sale as may be deemed necessary in connection with or in aid of the proper administration and enforcement of such provisions and of any other applicable laws.

26-a Advisory board on kosher law enforcement.

1. There is hereby established in the department an advisory board on kosher law enforcement which shall consist of nine members, to be appointed by the commissioner of the department of agriculture and markets. Of the members first appointed, three shall be appointed for terms of one year, three for terms of two years and three for terms of three years. Their successors shall be appointed for terms of three years. The commissioner shall designate one of such appointees to be chairman of the advisory board. The advisory board may elect from its membership, a vice-chairman and a secretary. Vacancies in the membership of the advisory board occurring from any cause, shall be filled by the commissioner for the unexpired term.

2. The commissioner may detail from time to time to the assistance of the advisory board such employees of the department as may be required, and shall provide suitable space in the office of the department for the meetings and records of the advisory board.

3. The advisory board shall meet at the call of the commissioner and at such other times as it may deem necessary and at such places as may be convenient.

4. It shall be the duty of the advisory board hereby established to advise, counsel and confer with the commissioner on matters of policy in connection with the administration and enforcement of laws and rules relating to kosher meats, meat preparations, and food products to consider all matters submitted to it by the commissioner, and on its own initiative to recommend to the commissioner such changes in the laws or rules relating to the possession, sale and exposure for sale of kosher meats, meat preparations, and food products, as may be deemed advisable to secure the effective administration and enforcement of such laws and rules and, with the consent of the commissioner, to submit for enactment by the legislature such draft or drafts of legislation imposing such further restrictions on the possession, sale and exposure for sale of kosher meats, meat preparations and food products, as may be deemed necessary.

5 . The advisory board shall adopt rules and regulations to govern its own proceedings. The secretary shall keep a complete record of all its proceedings which shall show the names of the members present at each meeting and any action taken by the advisory board. The record shall be filed in the office of the department. All records and other documents of the department relating to matters within the jurisdiction of the advisory board shall be subject to inspection by members of the advisory board.

6. The members of the advisory board shall receive no compensation for their services hereunder, but they shall be entitled to reimbursement for their actual and necessary traveling and other expenses heretofore or hereafter incurred by them in connection with the performance of their duties under this section.

Article 17

201-a. Sale Or kosher meat and meat preparations, kosher articles of food and food products.

l. A person who, with intent to defraud, sells or exposes for sale any meat or meat preparations, article of food or food products, and falsely represents the same to be kosher or kosher for Passover, whether such meat or meat preparations, article of food or food products, be raw or prepared for human consumption, or as having been prepared under, and of a product or products sanctioned by, the orthodox Hebrew religious requirements, either by direct statement orally, or in writing, which might reasonably be calculated to deceive or lead a reasonable man to believe that a representation is being made that such food is kosher or prepared in accordance with the orthodox Hebrew religious requirements, or falsely represents any food

products or the contents of any package or container to be so constituted and prepared, by having or permitting to be inscribed thereon the word "kosher" or "kosher-style" in any language; or sells or exposes for sale a non-kosher meat or meat preparation, or food or food product, which is labeled or advertised with the words "Jewish" or "Hebrew", either alone or in conjunction with the words "style" or "type" or any similar expression, unless the word "non-kosher" is displayed in English letters, of at least the same size as the words "Jewish" or "Hebrew", either alone or in conjunction with the words "style" or "type" or any similar expression; or sells or exposes for sale in the same place of business both kosher and non-kosher meat or meat preparations, or both kosher and non-kosher food or food products, either raw or prepared for human consumption, and who fails to indicate on his window signs and all display advertising, in block letters at least four inches in height, "kosher and non-kosher meat sold here", or "kosher and non-kosher food sold here", or who exposes for sale in any show window or place of business both kosher and non-kosher meat or meat preparations, or kosher and non-kosher food or food products, either raw or prepared for human consumption, and who fails to display over each kind of meat or meat preparation so exposed a sign in block letters at least four inches in height reading "kosher meat", or "non-kosher meat", as the case may be, or "kosher food" or "non-kosher food", as the case may be, or who displays on his window, door, or in his place of business, or in hand-bills or other printed matter distributed in or outside of his place of business, words or letters in Hebraic characters other than the word "kosher", or any sign, emblem, insignia, six-pointed star, symbol, or mark in simulation of same, without displaying in conjunction therewith in English letters of at least the same size as such characters, signs, emblems, insignia, symbols, or marks, the words "we sell kosher meat and food only", or "we sell non-kosher meat and food only", or "we sell both kosher and non-kosher meat and food", as the case maybe, is guilty of a class A misdemeanor, except that a person who with intent to defraud sells or exposes for sale on premises any meat or meat preparations and falsely represents the same to be kosher or kosher for Passover, provided said meat or meat preparations in violation has a retail value in excess of five thousand dollars, whether such meat or meat preparations be raw or prepared for human consumption, is guilty of a class E felon. Possession of non-kosher meat and food, in any place of business advertising the sale of kosher meat and food only, is presumptive evidence that the person in possession exposes the same for sale with intent to defraud, in violation of the provisions of this section

2. All fresh meats and poultry offered for sale at retail as kosher shall be marked on the label when packaged or by a sign when not packaged, with the words "soaked and salted" or "not soaked and salted" as the case maybe. Such words when marked on the label or by a sign shall be in letters at least as large as the letters of the words on the label or sign designating such meat and poultry as kosher.

3. Fresh meat and poultry shall be defined as meat that has not been processed except for salting and soaking.

201-b. Sale of kosher meat and food in hotels and restaurants

1. A person who, with intent to defraud, sells or exposes for sale in any hotel, restaurant, or other place where food products are sold for consumption on or off the premises, any meat or meat preparations, article of food or food products, and falsely represents the same to be kosher or kosher for Passover, whether such meat or meat preparations, article of food or food products be raw or prepared for human consumption, or as having been prepared under, and of a product or products sanctioned by, the orthodox Hebrew religious requirements, either by direct statement orally, or in writing, which might reasonably be calculated to deceive or lead a reasonable man to believe that a representation is being made that such food is kosher or prepared in accordance with the orthodox Hebrew religious requirements, or falsely represents any food product or the contents of any package or container to be so constituted and prepared, by having or permitting to be inscribed thereon the word "kosher" or "kosher-style" in any language; or sells or exposes for sale a non-kosher meat or meat preparation, or food or food product, which is labeled or advertised with the words "Jewish" or "Hebrew", either alone or in conjunction with the words "style" or "type" or any similar expression, unless the word "non-kosher" is displayed in English letters, of at least the same size as the words "Jewish" or "Hebrew", either alone or in conjunction with the words "style" or "type" or any similar expression; or sells or exposes for sale in the same place of business both kosher and non-kosher meat or meat preparations or both kosher and non-kosher food or food products, either raw or prepared for human consumption, and who fails to indicate on his window signs and all display advertising, in block letters at least four inches in height, "kosher and non-kosher food sold here", or who exposes for sale in any show window or place of business both kosher and non-kosher food or food products, either raw or prepared for human consumption, and who fails to display over each kind of food or food preparation so exposed a sign in block letters at least four inches in height reading "kosher food" or "non-kosher food", as the case may be, or who displays on his window, door, or in his place of business, or in handbills or other printed matter distributed in or outside of his place of business, words or letters in Hebraic characters other than the word "kosher", or any sign, emblem, insignia, six-pointed star, symbol, or mark in simulation of same, without displaying in conjunction therewith in English letters of a least the same size as such characters, signs, emblems, insignia, symbols, or marks the words "We sell kosher food only," or "We sell non-kosher food only," or "We sell both kosher and non-kosher food", as the case may be, is guilty of a misdemeanor, except that a person who with intent to defraud sells or exposes for sale on premises any meat or meat preparations and falsely represents the same to be kosher or kosher for Passover, provided said meat or meat preparations in violation has a retail value in excess of five thousand dollars, whether such meat or meat preparations be raw or prepared for human consumption, is guilty of a class E felony. Possession of non-kosher food, in any place of business advertising the sale of kosher food only, is presumptive evidence that the person in possession exposes the same for sale with intent to defraud, in violation of the provisions of this section.

2. Any food establishment or caterer that offers for sale, food prepared on the premises which is represented as kosher, shall file with the department the name and address of the supervising Rabbi or certifying organization or the name and address of the person under whose supervision said food products have been prepared as kosher. Food establishments that fail to file with the department the name and address of the supervising Rabbi or certifying organization or the name and address of the person under whose supervision said food products have been prepared as kosher shall be liable to a civil fine not to exceed one hundred dollars.

201-c. Fraudulent identification of food and food products. No person shall:

1 . Wilfully mark, stamp, tag, brand, label or in any other way or by any other means of identification, represent or cause to be marked, stamped, tagged, branded, labeled or represented as kosher or kosher style or as having been prepared in accordance with the Hebrew orthodox religious requirements food or food products not kosher or not so prepared, or

2. Wilfully remove, deface, obliterate, cover, alter, or destroy or cause to be removed, defaced, obliterated, covered, altered or destroyed the original slaughter-house plumba or any other mark, stamp, tag, brand, label or any other means of identification affixed to foods or food products to indicate that such foods or food products are kosher or have been prepared in accordance with the Hebrew orthodox religious requirements, or

3. Knowingly sell, dispose of or have in his possession, for the purpose of resale to any person as kosher, any food or food products not having affixed thereto the original slaughter-house plumba or any other mark, stamp, tag, brand, label or other means of identification employed to indicate that such food or food products are kosher or have been prepared in accordance with the Hebrew orthodox religious requirements or any food or food products to which such plumba, mark, stamp, tag, brand, label or other means of identification has or have been fraudulently affixed.

201-d. Violations and penalties.

Any violation of any of the provisions of section two hundred one-a, two hundred one-b, two hundred one-c or two hundred one-e of this chapter shall be a class A misdemeanor, except that a person who with intent to defraud sells or exposes for sale on premises any meat or meat preparations and falsely represents the same to be kosher or kosher for Passover, provided said meat or meat preparations in violation has a retail value in excess of five thousand dollars, whether such meat or meat preparations be raw or prepared for human consumption, is guilty of a class E felony. Where any person has previously been convicted of a violation of section two hundred one-a, two hundred one-b, or two hundred one-c of this chapter within the preceding ten years, upon conviction for a second or subsequent violation such person may be fined up to ten thousand dollars in addition to any other penalties provided by law.

201-e. Kosher and kosher for Passover identification.

1 . All articles of food or food products, both liquid and solid, sold as kosher or kosher for Passover in any container shall have a kosher or kosher for Passover identification securely affixed on the outside of such container only by the manufacturer or packer at his premises. No person other than such manufacturer or packer shall possess or affix such marks of identification.

2. All articles of food or food products, which are not packaged in a container and are sold as kosher or kosher for Passover shall have a kosher or kosher for Passover identification securely affixed thereto by the manufacturer at his premises. No person other than such manufacturer or packer shall possess or affix such marks of identification.

2-a. In the event that non-prepackaged fresh meat or poultry is sold and delivered off-premises as Kosher the meat or poultry and the bill of sale, if any, rendered at the time of delivery shall have affixed to them a label or the printed words "not soaked and salted" or "soaked and salted" as the case may be.

3. Any food commodity in package form which is certified by an organization, identified by any symbol or is marked as being kosher for Passover shall not be offered for sale by the producer or distributor of such food commodity until thirty days after such certifying organization, producer or distributor shall have registered the name, current address and telephone number of the supervising rabbi with the department.

3-a. Any food commodity in package form which is marked "rabbinical supervision" or marked with a "k", "km", "kos" or "kp" except a registered trademark shall not be offered for sale by the producer or distributor of such food commodity until thirty days after such producer or distributor shall have registered the name, current address and telephone number of the supervising rabbi or certifying organization who certifies the product as kosher with the department.

3-b. Any food commodity in package form which is marked as being certified by an organization, identified on the package by any symbol or is marked as being Kosher shall not be offered for sale by the producer or distributor of such food commodity until thirty days after such producer or distributor shall have registered the name, current address and telephone numbers of the certifying organization or the supervising rabbi with the department.

4. For the purposes of this section the term "food commodity in package form" shall be construed to mean a food commodity put up or packaged in any manner in advance of sale in units suitable for retail sale and which is not intended for consumption at point of manufacture.

5. All advertisements for food or food products sold as kosher under Rabbinical supervision must identify the name of rabbi or organization, if any, certifying such food or food product as being kosher.

6. Where a producer or distributor is required to register the identity of a supervising rabbi or certifying organization pursuant to the provisions of this section, such producer or distributor and the registered supervising rabbi or certifying organization shall immediately notify the department of any change in the identity of such registered supervising rabbi or certifying organization.

201-f. Kosher meat or poultry.

1. All meat or poultry which is sold, offered or exposed for sale and is represented as having been prepared in accordance with orthodox Hebrew religious requirements and which has not been soaked and salted immediately after slaughter on the premises where slaughtered:

(a) shall have affixed to it a tag or plumba stating the date and time of day (a.m. or p.m.) of slaughter, and

(b) shall be washed in accordance with orthodox Hebrew religious requirements within seventy-two hours after slaughter, and within each subsequent seventy-two hour period, by a duly ordained orthodox rabbi or by a person authorized by him. The date and time of day (a.m. or p.m.) of each washing and the name of the person performing such duty shall be legibly indicated on the tag or plumba attached to the said meat or poultry.

2. No person shall sell, offer or expose for sale any meat or poultry which is represented as having been prepared in accordance with orthodox Hebrew religious requirements, unless such meat or poultry is in compliance with subdivision one of this section.

3. For purposes of this section:

(a) "Meat" means all primal and sub-primal parts of steers, cows, bulls, heifers, veal, lamb, and mutton, as defined by the commissioner in regulations.

(b) Liver shall be exempted from the requirements of paragraph (b) of subdivision one of this section.

4. The commissioner shall promulgate rules and regulations as are necessary to implement the provisions of this section, including but not limited to, the type of kosher identification to be affixed to each of the parts of such meat and poultry.

201-g. Listing of persons certifying as kosher.

No person, firm, association or corporation shall within this state manufacture, compound, brew, distill, produce, process, pack, sell, offer or expose for sale any non-prepackaged meat or meat preparations which is represented as or branded as kosher unless such person, firm, association or corporation has, in accordance with regulations set by the commissioner, filed with the department the name and address of the supervising person or organization certifying such product as kosher and the name and address of each person under whose supervision such product has been prepared, slaughtered, represented, branded or certified as kosher.

201-h. Parve or pareve.

It shall be unlawful to label food or food products with the words parve or pareve or in any way to indicate that the food or food product may be used or consumed indiscriminately with meat, poultry or dairy products according to Orthodox Hebrew requirements when such food or food products are impermissible for such use or consumption.

RULES AND REGULATIONS

Kosher Identifications on Meat and Food Products

(Except from Title 1 of Official Compilation of Codes, Rules and Regulations of the State of New York)

KOSHER IDENTIFICATIONS ON MEAT AND FOOD PRODUCTS

Section 255.1 Definitions.

As used in this Part, the following terms shall mean:

(a) Plumba. The seal commonly used in the kosher industry, capable of being securely affixed, with the following indicia clearly and permanently displayed thereon:

(1) the word "kosher" either in English or in Hebraic characters;

(2) certain letters, figures, or emblems which will positively identify such plumba with the particular slaughterhouse where the animal was slaughtered or processed.

(b) Tag. A tag, of whatever form, bearing the following information:

(1) name and address of the slaughterhouse where the animal was slaughtered; (2) name of rabbi who sanctioned the kosher slaughtering of meat at the slaughterhouse named; and (3) date of slaughter.

(c) Kosher brand. Brand of a type approved by the United States Department of Agriculture.

(d) Washing. The use of unsalted, naturally cool water in such manner that the water reaches all parts of the interior and exterior surfaces of the meat.

255.2 Identification of kosher meat and meat products.

(a) All forequarters of steers, cows, bulls, heifers, and yearling calves sold or offered for sale by or in the possession of a kosher food dealer shall have securely affixed the following kosher identification to each of the following parts:

(1) Breast, rib, plate (outside), plate pieces (inside), chuck, shoulder, heart, lung, oxtail, tripe, milt (spleen), tender loin (hanger) -plumba and tag.

(2) Liver-two kosher brands and two plumbas, one of each to opposite ends of liver, so that if liver is cut in half through the vein each half will bear one plumba and one kosher brand.

(3) Feet-plumba and tag to each foot.

(4) Breads-plumba and tag to each pair.

(5) Brains-plumba to each brain, when sold separately from the head.

(6) Tongue-plumba and tag at the tip, and a kosher brand at the tip on smooth surface.

(7) Breastbone-incision made at the time of slaughter, in form of Hebrew characters, showing day of slaughter.

(8) Plate (inside) -two incisions made at the time of slaughter, in the form of Hebrew characters, showing day of slaughter.

(b) All foresaddles of veal sold or offered for sale by or in the possession of a kosher food dealer shall have securely affixed the following kosher identifications to each of the following parts:

(I) Breast-incision made at the time of slaughter, on each in the form of Hebrew characters, showing day of slaughter.

(2) Rack-two incisions made at the time of slaughter, on the inside, one of them on each side of the spine, in the form of Hebrew characters, showing the day of slaughter.

(3) Shoulder, but only when separated from the foresaddle at the time of slaughter-plumba and tag.

(4) Liver-plumba affixed to center of liver at the vein, and a kosher brand on the upper surface of liver.

(5) Haslett-plumba and tag through the heart and milt.

(6) Lung-plumba and tag.

(7) Feet-plumba and tag to each foot.

(8) Breads-one tag, and one plumba drawn through three pairs.

(9) Brains-plumba to each brain, when sold separately from the head. (10) Tongue-plumba and tag at the tip, and a kosher brand at the tip on the smooth surface.

(c) All foresaddles of lamb and mutton sold or offered for sale by or in the possession of a kosher food dealer shall have securely affixed the following kosher identification of the following parts:

(l) Breast-incision made at the time of slaughter, on each in the form of Hebrew characters showing day of slaughter.

(2) Rack-two plumbas and two tags, one of each to either side of spine. (3) Shoulder, but only if separated from foresaddle at time of slaughter-plumba and tag.

(4) Haslett-plumba and tag through the liver and milt.

(5) Tongue-one tag, and one plumba drawn through each group of six. (6) Brains-plumba to each brain, when sold separately from the head.

(7) Liver-plumba and tag at center of liver, when sold separately from the haslett.

(d) Whenever any portion of meat from the animals referred to in subdivisions (a), (b) and (c) of this section is sold by a slaughterer as "kosher," a plumba and tag shall be securely attached to it at the time of slaughter.

(e) Washing of meats.

(1) All meats, except liver, shall be washed within 72 hours after slaughter, and within each subsequent 72-hour period, by a duly ordained Orthodox rabbi or by a person certified by him. The date and time of the day (a.m. or p.m.) of each washing and the name of the person performing such duty shall be legibly indicated on all tags attached to the said meat.

(2) Meats to be washed enroute shall be governed by the following additional rules:

(i) The meat must be packed in such a manner as to allow said duly ordained Orthodox rabbi or his representative access to all the meats being washed as prescribed above.

(ii) The date and time of day of the washing shall be indicated on all tags or by means of a written statement securely attached inside the vehicle, signed by the rabbi supervising the washing, containing the date, place and time (a.m. or p.m.) of washing.

(iii) Upon receipt of the meat so washed enroute, the information contained in the written statement shall be legibly transferred on all the tags attached to the meat by the rabbi or his representative receiving said meat.

(3) When tongues, offal and other parts of meat that are packed in containers and are not deveined, soaked, salted and rinsed in accordance with the Jewish laws of koshering meat prior to shipping, they must be packed in containers that are sufficiently perforated to permit the free flow of water to reach all sides of said tongues, offal and other parts of meat packed therein and to enable the water to freely flow out again.

(4) When calves are shipped unflayed and part of the skin is detached from the meat, the water shall also reach every portion of the meat under the detached skin.

(5) All marks of kosher identification shall be removed by the owner or consignee from meat which has not been properly washed immediately after the time for washing has expired; provided, however, that liver shall be excepted from the requirements of this paragraph. All marks of kosher identification shall be removed by the owner or consignee from meat on which the date and time of day (a.m. or p.m.) of each washing have not been properly indicated on all tags attached thereto. Stamps, inscriptions and incisions of kosher marks of identification impressed on the meat shall be removed by the owner or consignee by blotting out and/or obliterating such marks of identification.

255.3. Kosher and kosher for Passover identification on containers.

All articles of food or food products, both liquid and solid, sold as kosher or kosher for Passover, in any container, as such word container is defined in section 192 of the Agriculture and Markets Law, bearing in any language a kosher or kosher for Passover identification by means of a brand, sticker, stamp, label, disc, cap, design or legend which might lead a reasonable person to believe that such articles of food or food products are kosher or kosher for Passover, shall have such kosher or kosher for Passover identification securely affixed on the outside of such container only by the manufacturer or packer at his premises. No person, other than such manufacturer or packer, shall possess or affix such marks of identification.