New Jersey is home to diverse and vibrant communities with roots stretching back to all parts of the world. Perhaps this is no surprise, as New Jersey has long represented a gateway to the United States for immigrants. While in days gone by Ellis Island was the port of entry, today many visitors and future residents arrive through the Newark airport and the other area airports. While some communities have been part of New Jersey’s cultural fabric for generations, others are just establishing themselves in the state. Many communities strive to establish businesses and traditions that remind them of what they left behind and that permit members of the community to live in accord with their closely held personal and religious beliefs. Perhaps two of the most well-known examples of this are Kosher foods and Halal foods.

In the state of New Jersey, Halal foods and Kosher Foods are regulated. Most businesses that sell, prepare or maintain food that is represented to be halal or kosher must take certain steps or face regulatory action and potential civil fines and consequences. The Jayson Law Group can assist food establishments with becoming compliant with New Jersey State law.

How is Halal food regulated in New Jersey?

Halal can have slightly different meanings depending on the context, but at the most general level it means that the object or practice is permitted in the Islamic religion. Halal can refer to food, drink, and other aspects of daily life. However, for the purposes of this post we will use the term only in relation to food and drink.

In New Jersey, Halal food is regulated by the Halal Food Consumer Protection Act (N.J.S.A. 56:8‐98 through 103). While the state does not determine the religious acceptability of a Halal foods vendor, it does ensure that the disclosure statements made by the Halal facility matches the business’ actual practices. Under provisions of the law, businesses that sell, prepare, or maintain food that is represented to be Halal, must display a Halal disclosure statement in a conspicuous location at the place of business. Furthermore, this disclosure must be filed with the New Jersey division of Consumer Affairs’ Halal Enforcement Division.

Depending on your type of business and business practices, multiple disclosures may need to be displayed. Types of disclosure forms include those prepared for:

• Bakeries.
• Meat Markets, grocery stores or supermarkets.
• Restaurants, street vendors, caterers or sellers of prepared foods.
• Wholesalers.
• Slaughterhouses (cattle, poultry, goats, sheep and lambs).

Note that poultry slaughterhouses must use a different disclosure form than slaughterhouses which process other types of animals.

Because New Jersey’s Halal regulations were amended in 2012, you may need to re-file your disclosure if you have not already done so. Furthermore, if you have changed your business practices, you must notify the agency within 14 calendar days. One exception to this requirement applies to businesses that sell only sealed Halal products which have been pre-packaged by the manufacturer or preparer.

How are establishments serving Kosher food regulated in New Jersey?

Kosher, or Kashrut, refers to the body of Jewish dietary laws. Only specific permissible foods may be referred to as Kosher products. Commonly-known Kosher prohibitions include the consumption of pork and shellfish, and the mixing of meat and dairy products.

Generally speaking, food establishments that sell, prepare, or maintain foods which are represented to be Kosher – through either oral or written representations – are heavily regulated and must display a disclosure statement. While the required disclosures contained in the Kosher Food Consumer Protection Act are generally similar to those discussed in the previous section, there are some unique aspects of the law. These include:

• Passover – If the dealer is selling food which is represented as Kosher for Passover, a disclosure notice must be posted at least 30 days prior to the holiday. If a caterer takes over a facility solely for Passover, a disclosure must be posted as soon as the caterer assumes control of the facility. The disclosure must remain in place until the end of Passover.

• Use of specific letters or marks – Specific recognized kosher symbols such as OK, OU, KOF‐K, Star-K and Triangle‐K cannot be used without first obtaining authorization by the appropriate certifying body.

• Use of certain terms – If the dealer chooses to invoke terms like “glatt” or “T’midi” the dealer must also disclose what he or she means by usage of the language. This description should appear in the conspicuously posted disclosure poster.

Be advised that the aforementioned regulations do not represent an exhaustive list. There is an array of additional provisions which Kosher food dealers must adhere to, including record-keeping requirements regarding the sourcing of all Kosher meat or poultry purchased by the business.

Contact Our New Jersey business attorneys

The Jayson Law Group LLC is committed to providing regulatory guidance to a broad array of New Jersey businesses and companies. If you have concerns about the legality of your business practices or need legal help getting your start-up company off the ground, it is critically important to consult with an experienced New Jersey business lawyer. To schedule a free and confidential legal consultation, call The Jayson Law Group LLC at 908-768-3633, or contact us online today.