Carmine as a Coloring Agent

Q. A drink contains a very tiny amount of carmine. It is much less than one part in sixty, but it colors the entire drink red. I realize that carmine is not kosher, but since it is such a small amount, is the carmine botel (nullified) and the drink kosher?

A. This is a matter of dispute among poskim.

The Pri Chadash (102:5) writes that non-kosher items that are used to color foods are not botel (nullified) even in sixty parts. This is based on the Gemara (Baba Kama 101a) that asks, if wool was dyed with a substance that was asur bihana’ah (forbidden for benefit), is the wool forbidden for use because chazusah milsa (color is significant), or is the wool permitted for use because color has no significance? The Gemara leaves this question unresolved. The Pri Chadash (102:5) writes that when dealing with a Biblically forbidden substance we say safek d’oraisa l’chumra (we are strict regarding doubts that involve a Torah prohibition) and therefore chazusah milsa and the color is not botel. On the other hand, food coloring that is Rabbinically forbidden will be botel. It follows that carmine, which is a beetle derivative, will not be botel if it is visible, since many poskim hold carmine is Biblically forbidden.

However, the Minchas Yaakov (74:5) and Biur Ha’Gra (Y.D. 102:6) disagree with the Pri Chadash and maintain that the Gemara Baba Kama is only discussing issurai hana’ah (substances forbidden for benefit). In such instances, the substance is not botel because one derives pleasure from the visible color, even though it is present in very slight amounts. However, foods that are not kosher for consumption but are mutar bihana’ah (benefit is permitted) are botel in sixty parts, even if the color is visible. Since we are dealing with an eating restriction, the visible color is of no consequence. Accordingly, carmine which is not forbidden for benefit, is batel in sixty parts.

The Pri Migadim (Y.D. Mishbitzos 100:1) and the Chasam Sofer (see Darchei Teshuva 102:30) cite this dispute and conclude that since this matter is unresolved, one should be machmir and follow the ruling of the Pri Chadash. Rav Belsky zt”l concurred as well and ruled that carmine that is visible is not botel even at levels of parts per million.

With respect to our original question, a drink that is colored with carmine should not be consumed.

It should be noted that carmine is used as a coloring agent for a variety of foods. For example, red cherries that are sold alone or as part of fruit cocktail often list carmine as an ingredient.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.