By: Rabbi Sholom Tendler
checking for insectsfruitssmoothies
Kashrus Kurrents, Spring 2022
There are few things as synonymouswith summer as a fresh, cold fruit smoothie, a classic hot weather staple formany. During the summer months, the STAR-K hotline gets inundated with callsfrom consumers requesting guidance to ensure their smoothies are as kosher asthey are delicious. While plain fruits and vegetables are often inherently kosher,several of them do have a major kashrus nemesis: bugs! Those perfect lookingstrawberries, raspberries, blackberries, and blueberries frequently host severalcommon insects, like thrips, aphids and mites.
Another item that has been gainingpopularity are juiced vegetables. Kale, cilantro and spinach are among the morepopular vegetables that are juiced and then enjoyed as a drink. These, too, canpresent a significant challenge to ensure that they are insect free.
The following is a short guide toassist you in preparing your favorite kosher juiced or blended beverage.
No Checking Required
There are many delicious fruits andvegetables that do not present any issue of infestation and need no specialpreparation to be eaten whole or used in smoothies. These include apples,bananas, carrots, cherries, eggplants, grapefruits, lemons,[1]limes, mangos, melons, nectarines, oranges, papayas, passion fruit, peaches, pineapples,[2] plums,squashes and tomatoes.
For a complete list of fruits andvegetables that require checking, along with instructions for checkingdifferent types of produce, go to checkforinsects.com
Problematic Produce
Then there are berries. According to statista.com, strawberry is either the first or second most popular smoothie flavor in the United States (the other being banana). The insect issue with strawberries is well known and the process needed to clean them well documented. The question that rabbonim receive constantly is, “what if I am using frozen[3] strawberries and blending them?” The answer to that question depends on a few factors. But first, the halachic background.
The Halacha
The Torahprohibitionof eating insects is severe. Depending upon the type ofinsect eaten, a person can violate as many as six Biblical prohibitions[4]for each insect ingested. Furthermore, the negative spiritual effect thateating shratzim (insects) has on a person is particularly detrimental.[5]
There are three categories defined by Halacha regarding the specific items that need to be checked:
Category 1: rov/muchzuk – something that is infested a majorityof the time (over 50%)
Category 2: miyut hamatzui –something that contains a significant percentage of infestation, althoughless than a rov
Category 3: miyut sh’eino matzui –something that is infested rarely or infrequently[6]
We all know that there is a concept in Halacha known as bitul (nullification). If a prohibited substance is present in a very small amount, typically 1:60, in many cases it is considered nullified and no longer prohibited. However, there are a couple of exceptions and caveats to this leniency.
- First, there is a halachic concept of ein mevatlin issurl’chatchila (i.e., one may not perform the nullification process with specificintention to nullify the prohibited item).[7]For example, if milk would fall into one’s cholent, but there is not enough tobe 1:60, one is not allowed to add more cholent to the mixture in order to reach1:60. Furthermore, if one would intentionally add more cholent for the purposeof achieving 1:60, it would not even help and the cholent would remainprohibited.[8]
- Secondly, if the prohibited substance is a complete entity (berya)like a whole insect, it is not able to be nullified at all, even if 1:60 isachieved.[9]
When making a blended smoothie fromfruits that have infestation concerns, the final product would likely haveinsect particles mixed inside. While distressing and unappetizing, the blended mixturemeets the 1:60 threshold and avoids any concern of a berya so long asthe mixture is of a smooth and fine consistency. The question then becomes: isthis permissible to do?
Blend Away!
If the items you are using are fromCategory #1 (rov/muchzuk, most of the time infested), it becomes difficultto justify making a smoothie from them. Items that fit this category wouldinclude raspberries, blackberries, curly kale[10] (bothconventional and organic) and pretty much all organicinfestation-prone[11]fruits or veggies. It would also include infestation-prone items that arepick-your-own. Since these farms need to allow people to roam their fields andorchards, fewer chemical pesticides are used, and the produce is considered forthese purposes in the same category as organic.[12] Making smoothies from items in category #1 is notpermissible. Even to have it made for you by a non-Jew is not allowed. The factthat you are asking or ordering it to be made for you is considered thesame as if you were making it yourself.[13]
However, if the items you are usingare in Category #2 (miyut hamatzui/sometimes infested), it is permittedto make a smoothie without needing to check the fruit first. Since yourintention is to make a smoothie, not to specifically destroy the insects, thereis no issue of ein mevatlin issur l’chatchila. This is known in Halachaas ein kavanaso l’vatel – your intention is not specifically to nullifythe prohibited substance. In cases where the prohibited item (in this case, fruit)is only prohibited d’rabanan, (i.e. due the issur of berya),this is permissible.[14]
This would mean that any conventional(non-organic) frozen strawberries or blueberriescan be blended without the need to check first. If you are using conventional(non-organic) fresh fruit or veggie greens, they must be washed well[15]prior to being juiced, but no actual checking is required. Unwashedfresh fruit or veggies even from this category cannot be used, as before theyare washed they contain more insects and could possibly be considered rov/muchzuk(Category #1).
One important point to keep in mind is that the items need to be purchased or acquired with the intention to make smoothies.[16] If they were purchased with the intent to use whole and later you realized that it isn’t permitted, a rav should be consulted to determine if you can still blend them. An evaluation needs to be made if this scenario would be considered mevatlin issur l’chatchila.
It should be noted though thatlongstanding STAR-K policy is to only allow our certified establishments to usefruits and vegetables that have been actually checked prior to use.
Juicing
Juicing presents a slightly morecomplicated scenario since the vegetables are usually just squeezed or pressed,not blended. Squeezing does not necessarily destroy insects. Most juicers, however,have a filter which allows the water or juice to pass through and holds backthe actual pieces of vegetable. If the filter is at least 200 mesh/70 microns,it would then effectively filter out any insects.
Smoothie Bars and Stores
Smoothie stores that prepare drinksto order may also present kashrus issues unless they are properly certified.Many times, organic fruits and vegetables are used. In addition, there areoften grape juices added to some blends as a sweetener. ‘Fruit juice added’ can often refer tothe addition of grape juice or a mix of juices that can possibly contain grapejuice as well.
Furthermore, many smoothie establishmentsoffer additives of whey, vitamin, and protein powders, all of which needreliable kosher certification.
Lastly, collagen powders have becomevery popular as an additive to healthy drinks and these are certainly not kosher.Therefore, we would recommend that consumers purchase smoothies only fromstores or stands with reliable kosher certification.
Bottom Line
For those who like to skip thearticle and get to the ‘bottom line,’ here are the key points to keep in mind:
- Fruits/vegetables that have no insect concerns may be blended/juiced whether they are conventional or organic.
- Fruits/vegetables that have some insect concerns and are conventional (with a few exceptions; see #3 below) can be blended into a smoothie so long as you purchased them with the intention to make smoothies.
- Fruits/vegetables that have major insect concerns (e.g., raspberries, blackberries, and curly kale[17]) and are either organic or conventional; all organic greens; and unwashed conventional fruits or leafy greens, may not be used in smoothies.
- Smoothie bars/stores have a number of potential kashrus concerns and should be avoided unless they have proper kosher certification.
If you want to know the reasoningfor any of the above, please read the article!
Feel free to call the STAR-K hotline with any kashrus or other Halacha questions. For more resources and guides to vegetable checking, go to www.checkforinsects.com. See also my interview with Rabbi Yitzchok Hisiger regarding various kashrus concerns related to smoothies HERE.
Have a great, safe and gezunte summer!
[1] Manycitrus fruits may have scales on the exterior peel, but the fruit is clean.
[2] Onceproperly peeled. IQF (Individual Quick Frozen) fruits are usually peeledadequately.
[3] Thefact that any item is frozen does nothing to change its kashrus status vis-a-visinfestation. Insects actually are preserved perfectly well when frozen.
[4] There are three types of sheratzim: sheretz hamayim which is four lavin; sheretz ha’aretz which is five lavin; sheretz ha’of which is six lavin. The איסורים are listed in ויקרא פרק י”א and דברים פרק י”ד.
[5] ע’ שו”ת ודברת בם (פסקיהגר”ד פיינשטיין זצ”ל) סימן ר”י. וכן יעוין בספר בדיקתהמזון כהלכה מאת הרב משה ויא שליט”א שער ראשון פרק א’ שמאריך בזה
[6] Aswe know, the Torah was not “given to angels,” and we are not expected to beable to avoid eating something which we can’t see. In truth, the insects we arediscussing are all considered by Halacha to be visible to the naked eye, nir’ehl’einayim. This means that they can be seen without the aid of any specialmagnification or tools. A jeweler’s loupe or light box may be used to makechecking easier, quicker, and more efficient, but they are not used to findinsects that otherwise would not be visible due to their size ע’אגרות משה יו”ד ח”ד סימן ב’.The fact that bugs can hide in the crevices of a strawberry or raspberry or inthe folds of kale does not make them invisible to the naked eye (ע’ חכמת אדם כלל ל”ח סי’ ח’, ערוה”ש סי’ פ”ד סעיף ל”ו).
[7]יו”ד צ”ט סעיף ה’
[8] Ibid.
[9] יו”ד ס’ ק’ סעיף א’
[10] Asopposed to baby kale or Tuscan kale, which have much flatter leaves.
[11] Thisdoes not include organic fruits that are not known to harbor infestation, suchas mangoes, cherries, etc.
[12]They can still be checked/washed per instructions found at www.checkforinsects.com.
[13] Seeדרכי תשובה ק”ח ס”ק כ’ However, buying pre-made blendeditems (i.e., not custom blended for you), like commercial raspberryjuice, is permitted.
[14] יו”ד סי’ פ”ד ש”ך ס”ק ל”ח וט”ז ס”קכ’
[15] ‘Washingwell’ means soaking in a detergent-based solution and rinsing thoroughly.
[16] Havingan ‘intention’ does not require an actual verbal or non-verbal confirmation; solong as one has in mind when they are purchasing or acquiring a frozenitem (e.g., strawberries) that its purpose is for smoothies, that is sufficient.
[17]Thisrestriction does not apply to flat or baby kale.
