Understanding the central role of video surveillance in a kosher supervision program
BY: RABBI TSVI HEBER
The Mishna¹ teaches us to be conscious of three aspects of heavenly providence to avoid sin. “An Eye sees, an Ear hears, and all of your actions are recorded in the book for posterity.” Perhaps the rapid advancement of video technology can help us relate to the depth, quality, and detail of how our own lives, actions and even our innermost thoughts are seen, heard, and recorded by the Heavenly Mashgiach.²
Over the past several years, there has been much discussion amongst global kashrus organizations about incorporating the use of video surveillance into general kosher supervision programs.³ Some of the advantages that have been cited⁴ include the following:
- To increase the degree of mirsas, fear of violation of the laws of kashrus, amongst those working in a kosher establishment.
- To improve an organization’s ability to oversee the work of their mashgichim and to help keep them safe.
- The ability to clarify the facts should a violation or suspected violation occur.
- To build trust in the kashrus organization amongst members of the community through accountability.
- To ensure the safety of kitchens which are inaccessible when not in use.
See no evil
Before we begin our halachic analysis of video surveillance in a kosher supervision program, it is appropriate to share several true stories which occurred in various establishments over the years which demonstrate the central role that video surveillance plays in maintaining a proper kashrus.
I recall one Motzei Pesach as we checked the cameras in several bakeries only to discover that one of the non-Jewish bakers had entered too early. In another bakery, a review of the footage produced a picture of an employee reheating his treif lunch inside the large rotating oven used to bake the kosher bread. In yet a third bakery, the dishwasher was washing parve baking trays together with milchig ones. Inside one catering kitchen, a video showed a cook working with raw fish and meat with the same utensils and without washing them in between. On one occasion, an employee could be seen walking in with a plastic bag behind the back of the mashgiach. The bag was opened and found to contain a small amount of non-kosher meat supposedly for his own home! A non-Jewish cook in a restaurant was filmed mindlessly relighting a pilot light on a wok after it had accidentally blown out. A restaurant manager was taped entering a dairy establishment on Shabbos to ensure he was fully prepared for an event on Motzei Shabbos. After a consumer found an insect in lettuce, a review of the footage revealed that the mashgiach onsite did not check it properly. After a consumer saw movement through the window of a kosher Middle Eastern restaurant on Pesach, the surveillance cameras demonstrated that it was an electrician who had entered, with permission, to fix a problem in the building. Another time, a box of tilapia without scales was received in the fish department of one of the kosher retail stores and unpacked by workers prior to being checked by the mashgiach temidi. The mashgiach went straight to the playback which showed that the fish was fully fileted and could not be verified as kosher.
Many of these stories occurred in environments that are supervised by a mashgiach temidi. Most of the circumstances were careless rather than malicious and they demonstrate how advanced video surveillance is practically indispensable to a robust kosher supervision program.
Speak no evil
Historically, it was common for kosher certifiers to rely primarily on an owner who is Shomer Torah u’Mitzvos (“STU”) to self-supervise his establishment based on the halachic principle that allows him to attest to the kashrus of the food served under the rubric of eid echad ne’eman b’issurim,⁵ that someone is believed when it comes to matters of forbidden foods. However, the application of this principle to businesses can be called into question due to the problem that someone who is operating a business is primarily focused on other needs of the business and not on kashrus.⁶ The inability to properly focus on kashrus results in unnecessary mistakes, and the ne’emanus or trustworthiness that typically applies at home does not apply at work.⁷ For example, an innocent but impactful mistake recently occurred when an owner purchased a bottle of mustard containing non-kosher sherry wine vinegar bearing a CDN symbol⁸ surrounded by an oval. In his haste, he mistook the CDN symbol for a COR symbol.
Hear no evil
It is important to stress that the shift away from broad-based reliance on an owner of a food establishment does not speak to his lack of integrity,⁹ but rather speaks to his inability to attest to the status of the kashrus at a given moment. Accordingly, it has now become the industry standard for an establishment to secure a kosher supervision program, governed by a Vaad Hakashrus, that provides a layer of accountability on top of eid echad ne’eman b’issurim.¹⁰
Some make the claim that effective kashrus can only be secured by the presence of a mashgiach temidi and anything less is not sufficiently protecting the kashrus environment.¹¹ While there is no denying that that a mashgiach temidi presents a significant advantage, our experience has demonstrated that an integrated kashrus strategy is necessary regardless. After all, even a mashgiach temidi cannot be everywhere at the same time and is often distracted due to the many responsibilities that he might have at the establishment; whether they be kashrus related, such as checking produce for infestation; or business related, such as a working mashgiach who is responsible for the cash register.
We would argue that an integrated kashrus strategy is necessary, whether a mashgiach is temidi or yotze v’nichnas (“out and in”).¹² COR’s integrated strategy includes multiple layers of supervision which may include an onsite mashgiach or STU, a yotze v’nichnas mashgiach who makes frequent visits to multiple locations, a Senior Mashgiach who is responsible for maintenance of the supervision and a Rav Hamachshir. It incorporates many tools such as basic checklists and advanced online reporting systems,¹³ access control and alarm logs, integrated WhatsApp groups for uploading pictures, reviewing invoices, and approving deliveries, and protocols for video surveillance, amongst other things. In many cases, a yotze v’nichnas mashgiach can manage the kashrus through using such tools without the financial ramifications of a mashgiach temidi.¹⁴
Fear no evil
In halachic terms a kosher supervision program should employ both mirsas which creates the basic premise of kashrus and shemira which adds a layer of security.¹⁵
Kashruth Council of Canada | www.cor.ca — October 2022 / Tishrei 5783, The Halachic CORner, p. 2
COR, the Kashruth Council of Canada, is one of the world’s largest kosher certification agencies, certifying thousands of products, restaurants, and facilities. Learn more at cor.ca, or read about our certification services at corkosher.com.