Introduction:
The following memo provides important information about חמץ שעבר עליו הפסח at various establishments and is the
culmination of several months of research by AKO’s Post Pesach Committee.
In general, it is difficult to make definitive statements about the acceptability of purchasing chametz from specific stores after
Pesach due to practical and halachic ambiguities. Of course, any certified retail location falls under the responsibility of its
hashgacha, and they should be contacted for details.
First, it is not easy to establish Jewish or non-Jewish ownership. Nonetheless, in this paper we have assumed that publicly traded companies may be treated as non-Jewish entities since the majority of potential stockholders are not Jewish.
Secondly, even if a product is sold in a non-Jewish store, it may be הפסח עליו שעבר חמץ if the distributor is Jewish. Determining the identity of the distributor is a formidable task because this information is proprietary and is not readily available.
Additionally, some chain stores will use different distributors (and sometimes multiple distributors) based on location, so each
store would need to be researched individually. Regarding Target, we recommend that each Rav visit their local Target store and speak with the grocery merchandising manager to determine the distributor used for each department (e.g., produce, dairy, frozen, shelf stable items).
Thirdly, while chametz that is delivered after Pesach to a Jewish establishment is not הפסח עליו שעבר חמץ, it is difficult to determine the arrival date of any given product, as the turnaround time is generally unknown. Nonetheless, some Poskim maintain that if there is a safek about when product was delivered, the principle of ספק דרבנן לקולא applies, while others hold that ספק דרבנן לקולא is not applicable in this situation for various reasons.
Lastly, some Jewish companies participate in a mechiras chametz while continuing to operate during Pesach. There are divergent opinions among Poskim about the validity of a sale by a company that remains operational during Pesach.
Furthermore, the sale does not cover chametz acquired during Pesach because one cannot sell a דבר שלא בא לעולם . To address these concerns, some Poskim recommend selling the entire company rather than just the chametz. However, there is also a dispute whether this approach is acceptable.
Our goal is not to recommend buying or avoiding chametz from any particular establishment. Additionally, it is beyond the
scope of our mission to investigate the suitability of any particular mechirah. Rather, each kashrus organization or Rav must
formulate their own set of standards and guidelines regarding the purchase of chametz. Once that is done, this memo will provide helpful information in determining which stores fall into acceptable or not acceptable categories for post-Pesach chametz purchases.
Finally, in our fast-paced evolving economy, consumers should remember to pause automatic subscriptions through Amazon
(Subscribe & Save), Instacart (Auto Order) etc. of chametz products.
Categories of Establishments
Below are seven general categories of establishments with lists of stores that fall into each specific category.
A. Non-Jewish Ownership
Publicly traded company or non-Jewish ownership, and is not known to use a Jewish distributor
Unequivocally acceptable to purchase chametz at these locations after Pesach
Acme
Albertson’s
Aldi
BJ’s Wholesale Club
Costco
CVS
Dollar General
Dollar Tree
Duane Reade
Hannaford
Jewel-Osco
Kmart
Lidl
Pavilions
Publix
Randall’s
Rite Aid
Safeway
Sam’s Club
Shaw’s
Starbucks (Corporate)
Star Markets
Stop and Shop
Target – specific locations
Tom Thumb
Total Wine
Trader Joes
Vons
Walgreens
Walmart
Wawa
Wegmans
Whole Foods
B. May Use Jewish Distributor
Publicly traded company or non-Jewish ownership
May use a Jewish distributor who sells their shares (not only a mechirah on their chametz) before Pesach but continues
to operate on Pesach
D’Agostino Markets
Food Emporium
Foodway Supermarket
Gristedes Foods
Key Food
Kroger
Target – specific locations (details in
introduction)
Winn Dixie
C. Franchised Stores
Stores are individually owned and can be assumed to be owned by Non-Jews unless otherwise known
• 7-Eleven, Starbucks (Kiosks), Dunkin Donuts
• Shoprite.......... Many locations are owned by Non-Jews Additionally, see discussion below about Wakefern which supplies all ShopRite stores.
D. Jewish Owned Company – Type 1
Traditional mechiras chametz executed, but store is open on Pesach
Price Chopper
E. Jewish Owned Company – Type 2
Mechiras chametz executed that includes selling of the operating business, but store is open on Pesach
• gopuff.com
• Giant Eagle
• Restaurant Depot/Jetro
• Shoprite.......... Some stores are Jewish owned - the following Jewish owned locations which are located in frum
neighborhoods had a mechirah. Additionally, see discussion below about Wakefern which supplies all ShopRite stores.
ShopRite of Paramus
24 Route 4 East & Forest Ave.
Paramus, NJ 07652
ShopRite of Englewood
40 Nathaniel Place
Englewood, NJ 07631
ShopRite of Avenue I
1080 McDonald Ave.
Brooklyn, NY 11230
ShopRite of Gateway Center
590 Gateway Drive
Brooklyn, NY 11239
F. Partial Jewish Ownership
Store and distributor are partially owned by Jews (i.e., less than 50%) and business operates on Pesach
The Jewish owners sell their shares (not only a mechirah of the chametz) to a non-Jew before Pesach
Since the majority of the company is owned by non-Jews, the Zecher Yitzchok (#8) and Chemed Moshe (quoted by Mishna Berurah,
Sha’ar HaTziun 448:4) hold that חמץ שעבר עליו הפסח is batel b’rov if there is a majority of non-Jewish ownership, though Sha’ar
HaTziun and others question this position.
• Wakefern ....... which supplies all ShopRite stores Wakefern Food Corporation is a cooperative - which is owned by the ShopRite store owners, some of whom are
Jewish - and arranges transfer of Jewish ownership to non-Jewish partners.
G. Online Distributors
Online merchants, such as Amazon, Sam's Club, Target.com and Walmart.com, are not Jewish-owned, but often serve as
distributors for other businesses, some of whom are Jewish owned. The name of the supplier is sometimes posted on the
website and consumers should make a reasonable effort to determine if the supplier is Jewish before purchasing chametz after Pesach.
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