Kashrut Fraud Prohibition Law, 5743-1983

A person engaged in the sale of commodities to the public shall not sell or offer for sale a commodity for which a kashrut certificate has not been issued while representing it in writing as kosher.

In a prosecution under sections 3, 4 or 5, it shall be a good defence that the accused sold or served, in good faith, a commodity for which a kashrut certificate had been issued, or used as aforesaid an ingredient for which a kashrut certificate had been issued.

A person shall not engage in slaughter while representing the slaughter as kosher, unless a slaughterer's certificate has been issued to that person by the Chief Rabbinical Council of Israel or by a person authorised by it for that purpose.

An importer shall not market in Israel an imported commodity while representing it in writing as kosher unless a kashrut certificate has been issued in respect of it.

A person who claims to hold a kashrut certificate or a slaughterer's certificate under this Law bears the burden of proof.

The Minister shall appoint a committee whose function is to decide on appeals by dealers against decisions whose primary subject is not halachic, as detailed below:

The existence of the Appeals Committee, its powers, and the validity of its decisions and acts shall not be affected by reason of the termination of office of a member of the Committee, or by reason of a defect in the appointment of a member or in the continuation of that member's term of office, provided that a majority of its members are serving.

A member of the Appeals Committee who is not a State employee, an employee of a budgeted body or an employee of a supported body shall be entitled to payment from the Ministry for participation in sittings of the Committee, in accordance with the instructions of the Accountant General at the Ministry of Finance applicable in relation to members of public committees; in this section, "State employee", "employee of a budgeted body" and "employee of a supported body" have the meanings assigned to them in section 32 of the Budget Foundations Law.

Members of the Appeals Committee who are not State employees shall, in their activity as members of the Appeals Committee, be treated as State employees, for the purposes of the following enactments and in respect of their activities in the Committee:

"family member" – a spouse, parent, grandparent, son or daughter and their spouses, brother or sister and their children, brother-in-law or sister-in-law, uncle or aunt and their children, father-in-law, mother-in-law, father-in-law (spouse's father), mother-in-law (spouse's mother), grandson or granddaughter, including a relative as aforesaid who is a step-relative;

"interested party", "personal interest" and "office holder" have the meanings assigned to them in section 2d;

"handling" – including the making of a decision, the raising of a matter for discussion, presence at a discussion, participation in a discussion or in a vote, or engagement with a matter outside a discussion;

"conflict of interests", of a member of the Appeals Committee – a conflict of interests between the fulfilment of that member's duties on the Committee and a personal interest or another function, whether of that member or of that member's relative;

"relative", of a member of the Appeals Committee – any of the following:

If the Appeals Committee has accepted an appeal as referred to in section 10j(b), the body that made the decision against which the appeal was submitted shall act in accordance with the decision of the Appeals Committee within 14 days of the date of receipt of the decision.

The Appeals Committee shall investigate complaints submitted by dealers in relation to the activity of a local kashrut authority or supervisors on its behalf; the Appeals Committee shall report to the Minister on complaints that it has investigated under this section.

The Appeals Committee shall publish a summary of its decisions without identifying details on the website of the Ministry; however, it may, by a reasoned decision in writing, refrain from publishing a summary of a decision, in whole or in part, if in its opinion this ought not to be done for the reasons enumerated in section 9(a) of the Freedom of Information Law, 5758-1998, or if it is not required to publish it for the reasons enumerated in section 9(b) of that Law.

In issuing a kashrut certificate, the person competent to issue a kashrut certificate shall have regard to kashrut law alone.

Against a decision under sections 2b and 2g to 2i whose primary subject is halachic, an appeal may be submitted to the Chief Rabbinical Council within 30 days of the date of receipt of the decision; the Council shall render a decision on the appeal within 100 days.

A person who commits an offence under sections 3 to 5, 7, 7a, 9 or 10 is liable to imprisonment for one year.

Where an offence under this Law has been committed by a corporate body, the person who, at the time of the commission of the offence, was an active manager, a partner – excluding a limited partner – or a senior administrative employee of that corporation responsible for the matter concerned shall also be guilty of the offence, unless that person proves that the offence was committed without that person's knowledge and that that person took all reasonable measures to ensure compliance with this Law.

Where an offence under this Law has been committed by an employee in the course of the employer's business, the employer shall also be guilty of the offence, if it is proved that the offence was committed with that employer's knowledge and that the employer did not take all reasonable measures to ensure compliance with this Law.

The Chief Rabbinical Council may issue to a farmer an orlah certificate in relation to fruit or a firstlings certificate in relation to livestock, in accordance with a kashrut standard, and the Minister, with the approval of the Chief Rabbinical Council, may prescribe provisions in relation thereto.

The provisions of Chapters III to V and VI1 shall not apply to kashrut certificates issued by an ordained rabbi within the meaning of section 2(3).

This Law is intended to add to any law and not to derogate therefrom.

This Law shall commence on the 25th of Kislev 5744 (1 December 1983).