Tossing around "Epshur Levrurai"

Question

Aaron: Moed Tov; you asked me to clarify my question about epshur levrurai and not to "just throw a concept up in the air..." I'll try to do so with the following: This is where the topic first came up: I asked the local Va'ad's director about eating Krispy Kreme donuts at one of the "new" local shops, where lard had never been used in the tanks. (I know that it probably would not be a problem to even eat in one of the older stores because of bitul, but their "Posek" ruled otherwise.) His reply regarding the new Krispy Kreme facilities (that do not have previous equipment that had been used with lard) noted that "it would probably not take much to certify those establishments." But - he added the following warning: "To use those establishments without personally clarifying what goes on there, would be irresponsible. The kosher world discovered in the 70's with Carvel, that even establishments with all kosher ingredients, if one does not have an occasional presence and supervision, problems can occur. It would not be proper to rely on assumptions when one is able to check things out. This is a halachic concept called epshur lavruri." That was the context I meant to frame my earlier question in. My reply was that there would not be probable cause to assume the worst case scenario (ingredient substituion, personal worker's food preparation on company equipment, etc.) To quote: "Doesn't Efsher Levrurai apply only when you have a Safek that is almost obvious? I mean, we can generally rely on eating cut-up fruit if its pre- packaged. We pretty much assume that the knives used for that operation weren't used for cutting up ham sandwiches. In a mom-and-pop store, I could see the reason for a safek. Why have a seperate set of cutlery just for fruit? But a commercial bakery operation? You wouldn't have employees eating on the production line. And if franchisees don't want to lose their license, they won't play around with non-standard ingredients that come from suppliers outside their vertical distribution chain. After all, if the safek is easy to clarify, then you don't rule it as a Safek DeRabanan." I have worked in the commercial food business, and know personally cases where franchisees have been heavily fined and/or lost their franchise due to substitutions (i.e.; buying cheaper French Fries from Sysco intead of from the chain's distributor, and/or selling baked goods not prepared with company-approved mixes and ingredients) Does this clarify things better? Let me know - thanks

Answer

Answered by Rabbi Abadi

regarding the new Krispy Kreme facilities (that do not have previous equipment that had been used with lard) noted that "it would probably not take much to certify those establishments." But - he added the following warning: "To use those establishments without personally clarifying what goes on there, would be irresponsible. The kosher world discovered in the 70's with Carvel, that even establishments with all kosher ingredients, if one does not have an occasional presence and supervision, problems can occur. It would not be proper to rely on assumptions when one is able to check things out. This is a halachic concept called epshur lavruri." That was the context I meant to frame my earlier question in. My reply was that there would not be probable cause to assume the worst case scenario (ingredient substituion, personal worker's food preparation on company equipment, etc.) To quote: "Doesn't Efsher Levrurai apply only when you have a Safek that is almost obvious? I mean, we can generally rely on eating cut-up fruit if its pre- packaged. We pretty much assume that the knives used for that operation weren't used for cutting up ham sandwiches. In a mom-and-pop store, I could see the reason for a safek. Why have a seperate set of cutlery just for fruit? But a commercial bakery operation? You wouldn't have employees eating on the production line. And if franchisees don't want to lose their license, they won't play around with non-standard ingredients that come from suppliers outside their vertical distribution chain. After all, if the safek is easy to clarify, then you don't rule it as a Safek DeRabanan." I have worked in the commercial food business, and know personally cases where franchisees have been heavily fined and/or lost their franchise due to substitutions (i.e.; buying cheaper French Fries from Sysco intead of from the chain's distributor, and/or selling baked goods not prepared with company-approved mixes and ingredients) Does this clarify things better? Let me know - thanks