Impossible Pork shouldn't be kosher - opinion

• Author: DAVID ZVI KALMAN/JTA
• Published date: 07 October 2021
• Publication title: Jerusalem Post, The: Web Edition Articles (Israel)

Since the OU first started certifying products a century ago, kosher supervision has always remained doggedly focused on objective fact-finding: Food is kosher because of what's in it and how it's made (and, occasionally, who makes it) and that's basically it. To get this information, modern kosher supervision agencies have built out fantastically complex global operations that keep track of complicated and constantly shifting supply chains. These systems are often incurious about almost everything not directly related to the food processing itself, including whether factory working conditions are acceptable, whether the ingredients are sustainably sourced, or whether the certified product will kill you (though politics sometimes leaks in anyway).

So it was unusual when the OU — the largest certifier of kosher products in the world — denied certification to Impossible Pork, a next-gen meat substitute, despite the fact that every ingredient in the product is kosher. The OU explained that it could not certify a product that described itself as pork.

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Despite protestations to the contrary from hungry Jews and my own deep culinary curiosity, I believe that the OU made the right call. Though it seems that the decision was narrowly decided, the move to withhold kosher certification may in fact turn out to be one of the most important Jewish legal decisions of the 21st century. This may seem like a hyperbolic way of talking about soy protein slurry, but I really think it isn't. The OU's move is a first, tentative step towards a stance on technological innovation that desperately needs to become more common.

To understand why, we need to understand the effect of new technologies on legal regimes. Law needs to be specific to be effective, and so well-constructed law is often carefully tailored to the nitty-gritty details of specific objects, systems and ways of behaving. When a new technology comes along and replaces the old — even if the new tech does exactly the same thing as the old — it can make the old law irrelevant unless lawmakers intervene with an update. Interventions are especially important when the old technology has been around for a long time and law has grown intertwined with it. Regulating cryptocurrency, for example, is crucial precisely because so many financial regulations assume that transactions take place...