In a previous article, I was critical of the wording and approach to this issue by Kosher Australia. In particular, they announced that people should not buy these diet drinks as they were Kitniyos. I argued that they were likely Kitniyos Shenishtane and therefore a matter of disagreement among Poskim and Kashrus Agencies and that people should ask their local orthodox rabbi (who would presumably liaise with Kashrus Authorities and advise their congregant as to the Halacha). I did not feel that Kosher Australia should make a certain pronouncement on the matter.
It is true that the Diet products have a Hechsher of the Rabbanut. It is equally true that some will rely on such a Hechsher and some will not. Some may rely on it during the year, but not on Pesach. Others may never rely on it. Some will only rely on a specific Rabbanut Hechsher: e.g. Yerushalayim.
I have also learned that R’ Lande has issues with one variety of Diet Coke preparation even during the year (let alone Pesach). It seems then that those who follow R’ Lande’s hashgacha need to investigate this fully with his office, depending on where in the world they find themselves wishing to drink Diet Coke and the like.
I asked the OU about the Israeli Diet Coke which doesn’t have a Mehadrin Hechsher, and only bears a Rabbanut Hechsher. The reply I received from the OU stated:
“Diet Coke from Israel is certified by OU. However, the OU symbol is not used on Coke products in Israel. One of the issues involved is kitniyos shenishtane”
In other words, like other Mehadrin standards, the OU does have some issues with this production which prevented them placing their Mehadrin OU stamp, however, the product is certified for use (clearly for those who do not necessarily seek Mehadrin).
Unsurprisingly, my attempts at eliciting further details failed. The OU are not about to provide me with details of changes that ought to take place before they put an OU on the product. I understand that the OU have instigated some changes in USA production and therefore are able to place their imprimatur on that production line. Whether they rely on Bitul for Kitniyos Shenishtane when they have their OU imprimatur, I do not know.
So, in summary, if I was a Kosher Supplier of groceries in Melbourne, I’d either
- approach the OU to see if they are able to instigate a process whereby the Israeli product gets the OU stamp, or
- import the diet drinks from the USA with the OU stamp
Clearly the former is better, as we support Israel and Israeli goods.
The other contentious issue is that of Quinoa. As I mentioned, there was a finding by a respected Kashrus Agency that some Quinoa was proximate to Chametz during production. This is a concern. I notice that Eden has a Quinoa that is certified year-round by the OK. If I was a Jewish greengrocer, I’d be approaching the OK to see if they can ensure that Eden Quinoa is certified as OK Kosher for Pesach as well and stamp it as such. That way, those who use Quinoa because it is not Kitniyos, will be confident and free to do so.
Disclaimer: I must stress again, that all my comments on Halachic topics should be deemed pitputim b’almo. In other words, they are not L’Halacha, and not L’Maaseh. Discuss the matter with your local orthodox Rabbi.