Before we begin, I will not be broaching the copyright or patent issue as it gets us into legal rabbit holes. From my understanding, an inventor can patent a process or composition of matter. Only new inventions can be patented.
For most inventions, obviousness is the critical hurdle to getting a patent. The non-obviousness requirement for patentability is set forth in 35 U.S.C.§ 103. In short, the inventor must show that the food would not have been a trivial or routine advance beyond other previously disclosed foods. This area of patent law is very complicated for a variety of reasons. The undisputed standard for evaluating whether an invention is obvious can be found in the Supreme Court’s 1966 Graham v. John Deere decision. /Are Recipes Protected by Copyright Law?
In general, no; with exceptions,
The general test for copyright protection is originality, and the original and creative portions of the work must be able to be separated from the utilitarian/functional aspects of the work.IOWs you can not patent a recipe but may be able to patent the process (more info).
Origins of JJ
Whether Epperly modified an existing recipe or created one of her own is moot. Scratch that, this video is da bomb. Even the Bulgarians warn that using their Salty Cabbage recipe can cause permanent damage to you digestive system.
In the end, the amount of NaCl present is ridiculous.; the claims Epperly makes asinine. As noted in my last post concerning Epperly, it was determined that Pink Himalayan Salt has no magical juju – salt is salt!
A higher salinity makes the fermentation slower, while an insufficient salinity makes it unsafe. Higher temperatures require a higher salinity.[To prevent mold] The fermentation should be done at 16-22 C [60-71 F]. The best temperature is 18-20 C [64-68 F]. A cabbage fermented at a lower temperature has a better fragrance. The best known microorganisms involved in the process include Leuconostoc mesenteroides, Lactobacterium brevis, Streptococcus faecalis, Pediococcus cerevisiae and Lactobacterium plantarum. (Internal URLs removed.)
As one fermentation site notes, "The correct numbers are 1 tablespoon (16 grams) of salt for 1 3/4 pound (800 grams) vegetables OR 3 tablespoons of salt for 5 pounds vegetables." Notice measurements are relative to weight of cabbage, not amount of liquid.
In conclusion, probiotic kale juices produced in the present study may be useful for the prevention of chronic diseases and are suggested as healthy probiotic fermented beverages with high essential nutrients. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5642806/
Fermented cabbage juice could serve as a healthy beverage for vegetarians and lactose-allergic consumers. (From abstract) https://www.ncbi.nlm.nih.gov/pubmed/16125381
There is increasing evidence in favour of the claims of beneficial effects attributed to probiotics, including improvement of intestinal health, enhancement of the immune response, reduction of serum cholesterol, and cancer prevention. These health properties are strain specific and are impacted by the various mechanisms mentioned above. While some of the health benefits are well documented others require additional studies in order to be established. In fact, there is substantial evidence to support probiotic use in the treatment of acute diarrhoeal diseases, prevention of antibiotic-associated diarrhoea, and improvement of lactose metabolism, but there is insufficient evidence to recommend them for use in other clinical conditions.,,,The list of health benefits mediated by probiotics is not limited to the ones mentioned so far and includes a range of promising effects that require however further human studies in order to be substantiated. There is evidence that probiotic bacteria are dietary components that may play a role in decreasing cancer incidence. (Notice it states, “may play a role in decreasing cancer incidence” NOT treat or cure.),,,There is scientific evidence supporting the incorporation of probiotics in nutrition as a means of derivation of health benefits. This evidence seems adequate concerning the prevention and treatment of certain conditions while simply promising or even controversial when it comes to others. The best documented effects include bowel disorders such as lactose intolerance, antibiotic-associated diarrhoea and infectious diarrhoea, and allergy, and emerging evidence accumulates concerning their potential role in various other conditions. In the same time as relevant consumer awareness grows, such products are becoming increasingly popular and tend to represent one of the largest functional food markets,,, Further research, in the form of controlled human studies, is needed to determine which probiotics and which dosages are associated with the greatest efficacy and for which patients, as well as to demonstrate their safety and limitations. In addition, the regulatory status of probiotics as food components needs to be established on an international level with emphasis on efficacy, safety, and validation of health claims on food labels. There is no doubt that we will witness a significant increase in the role of probiotics in nutrition and medicine over the next decade and while their application in the prevention and treatment of various disorders should be considered by medical professionals and promoted by the food industry, this should be done with skepticism and respect to the consumer. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4045285/
- Proper fermentation takes minimum 10 days (and that is dependent on what you are fermenting – depending on flavor profile you seek; as mentioned, there may be a caveat in regards to salty cabbage juice.)
- Brine and/or liquid should be almost clear, in color, not sludge looking (light pinkish to red for red cabbage)
- Proper fermentation should not grow mold unless contaminated or exposed to air etc. IOWs the fermentation process should not cause mold (VIDEO:: ~2:30 mark – be forewarned, she licks her fingers) The entire batch could be contaminated (mold) and consumptionquestionable.
- In regards to Kahm yeast, which I think is what Epperly is referring to; like mold, you're still not to”mix” it in.
One important point to keep in mind, Kahm yeast takes hold at the beginning of fermentation if the required high acidity level of your ferment is slow to form. It is suggested, “to remove all of the yeast, including what is stuck to the jar and then taste the top layer. If it tastes of Kahm yeast, remove until you get down to a section that tastes fine. Then, repack your
So if Kahm isn’t bad for you, why should you care that it’s there at all?
- First, it doesn’t always smell so great,,,
- Second, in my experience, Kahm yeast can be an indicator that there’s been an issue with your ferment,,,
- Third, the off flavors from kahm can impact what lies beneath,,,
- Re-use of non-standard canning jars with ill fitting or metal lids, not recommended – you will not achieve the proper seal, possible contamination. Ideally one should use all glass with rubber ring or fermentation kit.
- Proper cleaning of ALL equipment plus jars required to prevent mold. Unlike canning, sterilization no trequired. Ensure that your equipment is thoroughly cleaned between batches – Sometimes stray yeast can jump over from the last batch. If you do get Kahm, that’s a time to use white, distilled vinegar and boiling water to clean your crock, jar, spoon, whatever after each batch.
- Proper sanitary food handling procedures required. (You don't pet your dog without washing hands while making any food product).
Next post we will look at some of the claims she doesn't make in her second book.[F]ermentation isn't the most difficult thing in the world--not now when we have plenty of information from hundreds of years of experience. But it's not throwing a bunch of shit in a jar and letting it fester--I mean, it is, but in a controlled way. Her recipe ferments things the way a septic tank does.