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Guide To Purchasing Chometz After Pesach

After Pesach, there is a Rabbinic injunction of not eating or deriving benefit from Chometz SHeAvar Alav HaPesach (henceforth abbreviated Chometz SHAAHP), chometz that was in the possession of a Jew on Pesach.  Therefore, after Pesach, consumers must ascertain that the chometz they purchase was not in the possession of a Jew on PesachChometz may be purchased from a store owned by a gentile.  In Hilchos Pesach, a store is considered owned by a gentile if the gentile owns more than half of the store.  In a corporation, at least 51% of the voting stock must be owned by gentiles, otherwise, the chometz becomes Chometz SHAAHP.

Chometz may be purchased from a Jewish owned store whose owner properly sold the chometz before Pesach (e.g. Star-K Jewish owned facilities).  A “proper” sale means the chometz is sold to a gentile (through one’s Rav) and put away in a designated enclosed area throughout Pesach.  A Rav should be consulted regarding stores that “sell” their chometz before Pesach, yet continue to purchase new chometz on Pesach or allow customers to purchase the chometz from their store during Pesach.

If one has a reasonable doubt as to whether a product was in the possession of a Jew during Pesach, it may be purchased after Pesach.  For example, one may purchase pizza crusts with a reliable kosher certification from a store owned by gentiles even though the chometz may have been in the possession of a Jewish distributor during Pesach, who in turn sold the pizza crusts to this store (safek d'rabonon lekulah).  The prohibition applies only when one is certain, or where there is a strong reason to suspect Chometz SHAAHP. One should check with his local Vaad HaKashrus to determine the status of local Jewish distributors and their possible impact upon Chometz SHAAHP.

It is important to note that products found in major supermarkets have a two-week turnaround time.  This means, if one finds chometz gamur more than two weeks after Pesach on the shelf of a Jewish owned store that did not sell its chometz, one may assume the store acquired the product after Pesach, and there is no problem of Chometz SHAAHP (unless there is a known problem with a Jewish distributor who does not sell his chometz.)Products found in smaller “Mom & Pop” shops may have remained on the shelf for a longer period of time, and clarification of turnaround time for such a particular store must be made.

The turnaround time for alcoholic beverages at liquor stores is longer than that of products in supermarkets.  Popular liquor stores generally maintain inventory for about six weeks.  A prudent person should wait until after Shavuos before buying liquor from a store that has an issue of Chometz SHAAHP.  At that time, one can assume all inventory arrived after Pesach.

If one accidentally purchases chometz gamur immediately after Pesach from a store that sells Chometz SHAAHP, one may not derive benefit from the chometz.  However, one may return it for a refund as the sale is a mekach ta'os, a mistaken sale.  Returning the product does not constitute deriving benefit.

The following chart offers guidelines as to which products are Chometz SHAAHP.  "Yes" next to a product indicates the product is subject to the halachos of Chometz SHAAHP.  After Pesach, one may only purchase these products from a Jewish owned store that properly sold its chometz, or from a store owned by a gentile.  "No" next to a product indicates the product is not subject to the halachos of Chometz SHAAHP.  These products may be purchased at any store after Pesach.

PRODUCT

Chometz Sheavar
Alav HaPesach
?
Barley (if pearled, raw and packaged) No
Beer Yes
Bread Yes
Cake Yes
Cereal with primary ingredient of wheat, oats, or barley Yes
Chometz content is more than a k'zayis. Yes
Chometz content in entire package is less than a k'zayis but is greater than 1/60 of the cooked product (e.g. Corn Flakes cereal) Yes
Chometz content in entire package is less than a k'zayis but is greater than 1/60 of the uncooked product No
Chometz content is less than 1/60 of the product No
Chometz Nokshe (e.g. chometz glue) Yes

Condiments containing vinegar
(e.g. ketchup, mayonnaise, mustard, pickles)

No
Cookies Yes
Cosmetics No
Detergents No
Extracts No
Flour (including whole wheat flour) No
Food Coloring No
Ketchup No
Kitniyos No
Malt flavoring (in product) Yes
Maltodextrin No
Maltose (in product) Yes
Mayonnaise No
Medicine containing chometz No
Modified food starch (from unknown source) No
Mustard No
Pasta Yes
Pickles No
Pretzels Yes
Processed on chometz equipment with no chometz content in product (if it was not known to have been processed on Pesach) No
Products non-edible even for canine consumption No
Rolled Oats Yes
Soy Sauce (containing wheat) Yes
Vanillin and Ethyl vanillin No
Vinegar (from unknown sources) No
Vitamins containing chometz No
Wheat bran Yes
Wheat germ Yes
Wheat gluten (unknown amount in product) Yes
Wheat protein (unknown amount in product) Yes
Whiskey Yes
Yeast (Baker's) No
Yeast extract No

For detailed information regarding this topic see:
"Purchasing Chometz After Pesach & Defining Real Chometz"

For information regarding Stores where Chometz can be purchased after Pesach see:
"Stores Where Chometz may be Purchased Immediately After Pesach 2014 "

For a discussion regarding Real Chometz Before Pesach see here:
"Guide To Selling "Real" Chometz Before Pesach "



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