From the Ravs Desk: Is Lox and Smoked Salmon Kosher if made by a Non-Jew and does it need a Hashgacha?

Is Lox and Smoked Salmon Kosher if made by a Non-Jew and does it need a Hashgacha?

Question:

While preparing for a family brunch, I came across a package of lox and smoked salmon at my local grocery store. Upon realizing that the salmon was prepared and smoked by a company not owned by Jewish individuals and without a Hashgacha, I became concerned as to whether this product could be served in my kosher home in accordance with halachic standards of Bishul Yisrael.

Answer:

Salmon which was smoked or cured by a gentile can technically be considered kosher as curing or smoking does not transgress the Bishul Yisrael requirements. However, some types of hot smoking used today may be considered like cooking and be prohibited due to Bishul Akum if done by a Gentile. Practically, for this reason and others it is essential to verify that products possess credible kosher certification (hashgacha) or that the company of the lox has been verified to not have any Kashrus issues. The hashgacha is responsible for overseeing and confirming that all components of processed salmon products—including colorants and additives—comply with kosher requirements, and that the fish utilized is genuine kosher salmon. In addition, they ensure that processing equipment remains free from contact with non-kosher items, monitor for possible cross-contamination, authenticate the species of skinless fillets, and address issues such as worm infestation in accordance with kosher regulations. Likewise, if a hot smoking method is used, they would have a Jew turn on the smokers in order to avoid the issue of Bishul Yisrael according to all.

Explanation of Bishul Akum:

The prohibition of “bishul akum”—food cooked by a non-Jew—applies only to foods that are cooked in a manner considered “cooking” by Jewish law and only if that cooking method is through the use of a fire. Smoking fish is classified as curing or drying, not cooking, while salting or curing does not involve fire. Hence the Talmud and Poskim all rule that smoked or salted or pickled fish is not considered Bishul Akum even when done by a gentile. However, it is important to note that there exist two forms of smoking used for fish, hot and cold. Cold smoking, used for lox and nova, involves smoking at temperatures below 100°F and is considered curing, not cooking, thus exempt from bishul akum according to all. Hot smoking, however, cooks the fish at higher temperatures of between 120–180°F (49–82°C). While it is clear from the Poskim that there is no difference between hot and cold smoking and both are defined as non-Bishul Akum forms of cooking, nonetheless, some argue that today’s form of hot smoking is much different than the hot smoking of previous times, and it is virtually synonymous with baking the salmon within an oven, which would certainly deem it prohibited due to Bishul Akum if done by a Gentile. Accordingly, many Hashgachas today require a Jew to turn on the ovens when hot smoking is applied to the salmon or other smoked fish. Consequently, a certification would be required for all smoked salmon in order to make sure that it is not smoked in a problematic way for Bishul Akum. Packaging often fails to specify whether smoked salmon was prepared with cold or hot smoke, causing Halachic uncertainty for consumers who buy it without Kashrus supervision.

All this is with regards to smoked salmon, however with regards to lox, lox is always cured with salt and never smoked and hence poses no issue whatsoever of Bishul Akum. [Many people confuse the two. In casual conversation, “lox” is often used to refer to any thinly sliced salmon on a bagel—even if it’s smoked. But true lox is never smoked. If it’s smoked, it’s technically smoked salmon, not lox.]

Hashgacha requirement:

Although as we explained above there is no issue of Bisul Akum present when Gentiles cure or cold smoke the fish, nevertheless, other issues can be present by salmon which require rabbinical supervision. Amongst these issues are:

• Use of non-kosher additives or flavorings. For example, The Hashgacha makes sure that for all trace ingredients, such as canthaxanthin, are Kosher. [Canthaxanthin is a reddish-orange food coloring derived from natural sources like algae and seafood, or synthesized chemically. It’s used in drinks, snacks, supplements, and medications to enhance appearance. For kosher concerns, its source and processing method must be verified to ensure compliance.]
• Processing on equipment shared with non-kosher items.
• Difficulty verifying species in skinless fillets. [Without skin or scales, it’s hard to verify the species. The Hashgacha ensures that the fish used is indeed kosher salmon and not substituted with a non-kosher species.]
• Risk of cross-contamination with non-kosher fish. In non-kosher establishments, ovens, knives and cutting boards may be used for non-kosher fish, which can compromise kosher status.
• Presence of anisakis worms in wild-caught salmon. Some wild-caught salmon may contain anisakis worms, which are a concern in kosher law. This doesn’t make the fish inherently non-kosher, but it may require inspection or avoidance depending on community standards.

Sources: See regarding that no Bishul Akum by smoked or cured: Shulchan Aruch, Yoreh De’ah 113:13 [Michaber regarding salted and smoked and Rama regarding Kavush]; Shach 113:18; Rambam Machalos Assuros 17:17; Rav Assi in Avoda Zara 38a; Yerushalmi Nedarim 6:1; Rashba Toras Habayis Hakatzar 94b; and Haruch 95b; Ran Avoda Zara 15b; See regarding that hot smoking is also considered Meushan: Sefer Haeshkol Taaruvos Issur 35; Perisha 87:9; Plesi 87:12; Zer Zahav 43:7; Ben Ish Chaiy Chukas 2:22; Shem Aryeh 22; Michzeh Eliyahu 2:39; Pesakim Uteshuvos 113:27 footnote 228 See regarding that hot smoking of today may be considered Mevushal:  Shevet Hakehasi 4:198; Tel Talpiyos 62:11 in name of Rav Elyashiv; Pesakim Uteshuvos 113:27 footnote 229  See regarding canthaxanthin: Encyclopedia Lekashrut Hamazon p. 232

Summary

Smoked salmon and lox prepared by a non-Jew can be kosher, as curing and cold smoking do not violate Bishul Yisrael laws. However, hot smoking may be considered cooking and could pose a Bishul Akum issue unless a Jew is involved in the process. Since packaging rarely clarifies the smoking method, and other kosher concerns—like additives, cross-contamination, and species authenticity—exist, reliable kosher certification (hashgacha) is essential to ensure compliance with all halachic requirements. True lox, which is only salt-cured and never smoked, does not have Bishul Akum concerns, but still needs supervision for other kosher standards.