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I've heard that there is no concept of ביטול regarding חמץ. If that is true then is a Davar ha'mamid an issur d'oraisa on pesach?

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This looks like the outline of an interesting question. Could you please fill in the rest of the steps of your reasoning? – Isaac Moses Mar 19 '14 at 18:15
Would you care to align your title with your question? They are two different questions. – Y ez Mar 19 '14 at 18:37
I'm m'vatel chametz every erev Pesach morning. I have no idea what you're talking about. – msh210 Mar 20 '14 at 0:26

That which chometz is not בטל in any amount is a d'rabanan (Mishnah Berura 447:1). Its lack of bittul cannot therefore create an issur d'oraisa.

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The question depends on whether the item is before or during Pesach. During Pesach chametz is asur bemashehu and cannot be made batel. Before Pesach, it is permitted and can be made batel (with various specific limitations). For example, one can purchase milk before Pesach without certification, but in must be certified as Koser for Pesach when purchased on Pesach.

Here is what the OU says.

Milk contains added vitamins that contain a slight chametz risk. Therefore it is best to purchase milk before Passover at which time chametz can be nullified (batel).

I double checked with my Rav and he confirmed that bitul only takes place if it is owned by a Jew. Thus, a Jewish owned store can continue to sell milk that came in before Pesach. However, a Jew cannot purchase milk from a nonJewish store on Chol Hamoed even though the milk arrived in the store before Pesach. Since he is purchasing it on Pesach and the bitul did not take place, it is asur bemashehu.

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The OU seems to think avoiding buying milk on Pesach is not a requirement, but a good practice, so your claim that milk "must be certified as Koser [sic] for Pesach when purchased on Pesach" is unjustified. – Double AA Mar 20 '14 at 16:28
I don't want to hold you responsible for the OU, but why does it matter when you bought it? Shouldn't it be OK from when it was packaged? (nafka mina in some stores of several days) – Y ez Mar 20 '14 at 18:53
@YEZ I would guess that it needs to be owned by a Jew in order for the bitul to take place. However, that would be a question to ask a Rav. – sabbahillel Mar 20 '14 at 20:43

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