14 Adar 5770
February 28, 2010

As you all should be aware by now, I view my position as a disseminator of information, seeking to pass questions to the appropriate authority to obtain responses from authoritative individuals and agencies, as well as to bring my findings as an investigative kashrut correspondent to your doorstep.

One of the issues that have elicited many emails from subscribers of late is the controversy regarding infestation in fish and the need to inspect fish. In the past, I have presented opinion papers from Rabbi Moshe Vaya Shlita.

Baruch Hashem, Rabbi Eliezer Eidlitz, who runs ‘Kosher Quest’, has just sent out an update a number of days ago, addressing this very issue. I thought it appropriate to pass this timely update along to you, quoting leading poskim in the kashrus industry.

Following is the unedited text from Rabbi Eidlitz’s publication. For those interested,  click on the hyperlink to view the rabbi’s comprehensive website.
THE O/U:
MEMORANDUM
Date: Feb 1 2010
FROM: Rabbi C. Goldberg
TO: RCs
CC: Rabbi Genack
      Rabbi Elefant

RE: OU Policy on Worms in Fish

Rabbi Eli Gersten arranged a conference call for Rav Belsky and myself to discuss the current situation regarding the worms in wild salmon and other fish on Tuesday Jan 26th (a conversation with Rav Belsky on the 28th lead to some further clarifications and amendments from the previous memo).

Rav Belsky confirmed unequivocally that OU policy remains that there is no checking necessary and no prohibition of the worms found in wild salmon and other fish, in accordance with S”A Y”D 84:16 for the following reasons:

1. Shulchan Aruch does not limit the permissibility of tolayim (parasites) found in the flesh of fish to any species of tolaas. The halacha states that a tolaas found in the flesh of a fish is mutar because of the rule of minei gavli [Chulin 67B], (that the parasite found in the flesh of the fish is permissible since it grew bigger in the fish) [Rav Belsky cited Rashi in the Gemara as using the term “gavul” to mean that it “became bigger”, and he understood this to mean even if the worm originated and was visible to the naked eye outside of the fish, it would be permitted if it grew in the fish flesh], Rav Belsky felt there is no reason to believe the tolayim present today are any different from the tolayim discussed in Chulin and S”A.. Rav Belsky felt this reason itself was sufficient to permit the matter, but added additional reasons to permit as follows.

2. On his audio presentation for OU Radio last year (available for review at http://www.ouradio.org/index.php/ouradio/comment/9742/ ), Rav Belsky noted that Shulchan Aruch did not require one to be an expert in the tolayim found in the fish flesh to know how they got into the flesh, either from the viscera or from some other source. Rav Belsky further feels that it is irrelevant whether the tolaas entered from the viscera or from some other way, whether it happened when the fish was alive or after it died. As proof, he notes that S”A (ibid) says that tolayim which come after the death of the fish are permitted. Rav Belsky felt these tolayim must have come from the viscera, because there was no other reasonable source for tolayim entering a fish after death. 

3. Some are concerned that the tolayim found in the flesh are actually the forbidden tolayim found in the viscera (Shulchan Aruch forbids the tolayim found in the viscera). Rav Belsky felt this claim is not based on any significant research. Rav Belsky felt that his own inquiries from qualified experts indicate that the opposite is true, and that the tolayim in question are found in the flesh while it was alive. Furthermore, Rav Belsky feels even these tolayim would be permitted (see point #2 above). 
 
Rav Belsky confirmed that the size of the tolaas when it is swallowed by the fish is not relevant (even if it is visible while swallowed by the fish and visible when it migrates form the viscera). He also felt that reports that the tolaas is typically 5 mm is an exaggeration of the larger end of the spectrum recorded. He believes that nearly all of these tolayim when they are swallowed are between 1-2 mm long and quite thin (Rav Belsky felt they would be considered ayno nireh laynayim [halachically invisible] 
  
Eleven Broadway, New York, NY 10004 • (212) 613-8340 • Fax: (212) 613-0695 • goldbergc@ou.org 

FROM THE RCC:
Rabbinical Council of California
In the recent weeks the Kashrut world has been preoccupied with the issue of worms in fish. The Anisakis worm penetrates the stomach and from there it travels and lives inside the flesh! However, this insect is found in some bodies of water and not others, hence the permissibility of some and prohibition of other members of the same species.

After extensive research by Rabbis and experts globally, the following advisory has been issued:
All types of fish with the Anisakis worm in their flesh may not be used. These include:

**Wild Salmon (e.g. Sockeye), Canned Salmon (wild). We are awaiting word from the certifiers of canned salmon as to their future status.

**Flounder: Yellow tail/ Wild Dabs/ Black Backs, Sole. At this time there are no known fresh or frozen flounder fillets that are acceptable, even if certified (e.g Dagim, Kinneret etc).

**Wild Halibut, Sea bass a.k.a. Smoked Sable, Red perch, Scrod, Pollack, Cod, Turbot and Butterfish are all problematic.
**All Farm Raised Salmon is acceptable.
** Salmon: Wild: (Chinook) from British Colombia, New Zealand: May be used (they are actually farm raised).
**Tilapia, Carp, Pike, Herring fillet, Red Snapper, Tuna May be Used.
** Fish products made from minced fish e.g. fish sticks are ok.
** Lox are ok.
** Halibut: Farm Raised is acceptable.
**Cod :Farm Raised and Chatum are acceptable
** Pollock : Chatum is acceptable
** All Gefilte Fish is acceptable.

To recap:
**Butter Fish: May NOT be used
**Cod / Sable if Farm Raised or from Chatum: - May be used
**Cod /Sable (Smoked): May NOT be used
**Flounder: Fluke, Georges Banks, Channel, Tilapia: - May be used
**Flounder: Yellow fin sole, Dabs,(wild), Black Back: May NOT be used
**Hake: May NOT be used
**Halibut: Alaskan, Pacific, Atlantic: May NOT be used
**Halibut: Farm Raised: - May be used
**Pollock (Fresh & Frozen) from Alaska or China: May NOT be used
**Pollock from Chatum: - May be used
**Red Perch from Canada or Iceland: May NOT be used
**Salmon Wild: Alaskan (Sockeye): May NOT be used
**Salmon Wild: (Chinook) from British Colombia, New Zealand: - May be used
**Scrod: May NOT be used
**Sea Bass a.k.a. Smoked Sable from Chili or Peru: May NOT be used
**Sole (Yellow fin, rock sole): May NOT be used
**Turbot: Canadian Frozen: May NOT be used

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