5 Ways to Define a Sandwich, According to the Law

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iStock

It’s easy to say what a sandwich is. Grilled cheese? Definitely a sandwich. Bacon, lettuce, and tomato? There’s no question. Things start to get messy when you specify what a sandwich isn’t. Is a hot dog a sandwich? What about a burrito, or an open-faced turkey melt?

The question of sandwich-hood sounds like something a monk might ponder on a mountaintop. But the answer has real-world implications. On several occasions, governments have ruled on the food industry’s right to use the delectable label. Now, Ruth Bader Ginsburg—pop culture icon, scrunchie connoisseur, and Supreme Court Justice—has weighed in on the matter.

When pressed on the hot-button issue as to whether a hot dog is a sandwich while appearing on The Late Show with Stephen Colbert, Ginsburg proved her extreme judiciousness by throwing the question back at Colbert and asking for his definition of sandwich before making a ruling. Her summation? A hot dog fits Colbert's definition of a sandwich, and therefore can be considered one.

While RBG's ruling may not be an official one, it matches Merriam-Webster's bold declaration that a hot dog is a sandwich (even if the Hot Dog Council disagrees). Officially, here’s where the law stands on the great sandwich debate.

1. CALIFORNIA: HOT DOGS ARE SANDWICHES

Hot dogs are often snagged in the center of the sandwich semantics drama. Despite fitting the description of a food product served on a bread-like product, many sandwich purists insist that hot dogs deserve their own category. California joins Merriam-Webster in declaring that a hot dog is a sandwich nonetheless. The bold word choice appears in the state’s tax law, which mentions “hot dog and hamburger sandwiches” served from “sandwich stands or booths.” Applying the sandwich label to burgers is less controversial, but it’s still worth debating.

2. MASSACHUSETTS COURT: A BURRITO IS NOT A SANDWICH

When Qdoba threatened to encroach on the territory of a Panera Bread in Shrewsbury, Massachusetts, the owners of the bakery franchise fought back. They claimed the Mexican chain’s arrival would violate their lease agreement with the White City Shopping Center—specifically the clause that prohibits the strip mall from renting to other sandwich restaurants. “We were surprised at the suit because we think it’s common sense that a burrito is not a sandwich,” Jeff Ackerman, owner of the Qdoba franchise group, told The Boston Globe.

The Worcester County Superior Court agreed. When the issue went before the court in 2006, Cambridge chef and food writer Christopher Schlesinger testified against Panera [PDF], saying, “I know of no chef or culinary historian who would call a burrito a sandwich. Indeed, the notion would be absurd to any credible chef or culinary historian.”

Justice Jeffrey A. Locke ruled that Qdoba would be allowed to move into the shopping center citing an entry in Merriam-Webster as the most damning evidence against Panera’s case. “The New Webster Third International Dictionary describes a ‘sandwich’ as ‘two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savory mixture) spread between them,’” he said. “Under this definition and as dictated by common sense, this court finds that the term ‘sandwich’ is not commonly understood to include burritos, tacos, and quesadillas.”

3. USDA: A SANDWICH IS MEAT BETWEEN TWO SLICES OF BREAD

If you want to know the definition of a certain dish, the officials at the U.S. Department of Agriculture are good people to ask. It’s their job to make sure that the nation’s supply of meat is correctly labeled. When it comes to sandwiches, the agency follows strict criteria. “A sandwich is a meat or poultry filling between two slices of bread, a bun, or a biscuit,” Mark Wheeler, who works in food and safety at the USDA, told NPR. His definition comes from the Food Standards and Labeling Policy Book used by the department (the USDA only covers the “labeling of meat, poultry, and egg products,” while the FDA handles everything else, which is why the USDA's definition excludes things like grilled cheese). Not included under their umbrella of foodstuff served between bread are burritos, wraps, and hot dogs.

4. ALSO THE USDA: A BURRITO IS A "SANDWICH-LIKE PRODUCT"

The USDA’s definition may not be as simple and elegant as it seems. A sandwich is one thing, but a “sandwich-like product” is different territory. The same labeling policy book Mark Wheeler referred to when describing a sandwich lumps burritos into this vague category. Fajitas “may also be” a sandwich-like product, as long as the strips of meat in question come bundled in a tortilla. Another section of the book lists hot dogs and hamburgers as examples of sandwich-type products when laying out inspection policies for pre-packaged dinners. So is there an example of a meat-wrapped-in-carb dish that doesn’t belong to the sandwich family? Apparently strombolis are where the USDA draws the line. The Food Standards and Labeling Policy Book clearly states the product “is not considered a traditional sandwich” [PDF].

5. NEW YORK: IF IT’S SERVED ON SOMETHING REMOTELY BREAD-LIKE, IT’S A SANDWICH

When it comes to sandwiches, New York doesn’t discriminate. In a bulletin outlining the state’s tax policy, a description of what constitutes a sandwich warrants its own subhead. The article reads:

“Sandwiches include cold and hot sandwiches of every kind that are prepared and ready to be eaten, whether made on bread, on bagels, on rolls, in pitas, in wraps, or otherwise, and regardless of the filling or number of layers. A sandwich can be as simple as a buttered bagel or roll, or as elaborate as a six-foot, toasted submarine sandwich.”

It then moves on to examples of taxable sandwiches. The list includes items widely-believed to bear the label, like Reubens, paninis, club sandwiches, and peanut butter and jelly sandwiches. Other entries, like burritos, gyros, open-faced sandwiches, and hot dogs, may cause confusion among diners.

10 Products for a Better Night's Sleep

Amazon/Comfort Spaces
Amazon/Comfort Spaces

Getting a full eight hours of sleep can be tough these days. If you’re having trouble catching enough Zzzs, consider giving these highly rated and recommended products a try.

1. Everlasting Comfort Pure Memory Foam Knee Pillow; $25

Everlasting Comfort Knee Pillow
Everlasting Comfort/Amazon

For side sleepers, keeping the spine, hips, and legs aligned is key to a good night’s rest—and a pain-free morning after. Everlasting Comfort’s memory foam knee pillow is ergonomically designed to fit between the knees or thighs to ensure proper alignment. One simple but game-changing feature is the removable strap, which you can fasten around one leg; this keeps the pillow in place even as you roll at night, meaning you don’t have to wake up to adjust it (or pick it up from your floor). Reviewers call the pillow “life-changing” and “the best knee pillow I’ve found.” Plus, it comes with two pairs of ear plugs.

Buy it: Amazon

2. Letsfit White Noise Machine; $21

Letsfit White Noise Machine
Letsfit/Amazon

White noise machines: They’re not just for babies! This Letsfit model—which is rated 4.7 out of five with nearly 3500 reviews—has 14 potential sleep soundtracks, including three white noise tracks, to better block out everything from sirens to birds that chirp enthusiastically at dawn (although there’s also a birds track, if that’s your thing). It also has a timer function and a night light.

Buy it: Amazon

3. ECLIPSE Blackout Curtains; $16

Eclipse Black Out Curtains
Eclipse/Amazon

According to the National Sleep Foundation, too much light in a room when you’re trying to snooze is a recipe for sleep disaster. These understated polyester curtains from ECLIPSE block 99 percent of light and reduce noise—plus, they’ll help you save on energy costs. "Our neighbor leaves their backyard light on all night with what I can only guess is the same kind of bulb they use on a train headlight. It shines across their yard, through ours, straight at our bedroom window," one Amazon reviewer who purchased the curtains in black wrote. "These drapes block the light completely."

Buy it: Amazon

4. JALL Wake Up Light Sunrise Alarm Clock; $38

JALL Wake Up Light Sunrise Alarm Clock
JALL/Amazon

Being jarred awake by a blaring alarm clock can set the wrong mood for the rest of your day. Wake up in a more pleasant way with this clock, which gradually lights up between 10 percent and 100 percent in the 30 minutes before your alarm. You can choose between seven different colors and several natural sounds as well as a regular alarm beep, but why would you ever use that? “Since getting this clock my sleep has been much better,” one reviewer reported. “I wake up not feeling tired but refreshed.”

Buy it: Amazon

5. Philips SmartSleep Wake-Up Light; $200

Philips SmartSleep Wake-Up Light
Philips/Amazon

If you’re looking for an alarm clock with even more features, Philips’s SmartSleep Wake-Up Light is smartphone-enabled and equipped with an AmbiTrack sensor, which tracks things like bedroom temperature, humidity, and light levels, then gives recommendations for how you can get a better night’s rest.

Buy it: Amazon

6. Slumber Cloud Stratus Sheet Set; $159

Stratus sheets from Slumber Cloud.
Slumber Cloud

Being too hot or too cold can kill a good night’s sleep. The Good Housekeeping Institute rated these sheets—which are made with Outlast fibers engineered by NASA—as 2020’s best temperature-regulating sheets.

Buy it: SlumberCloud

7. Comfort Space Coolmax Sheet Set; $29-$40

Comfort Spaces Coolmax Sheets
Comfort Spaces/Amazon

If $159 sheets are out of your price range, the GHI recommends these sheets from Comfort Spaces, which are made with moisture-wicking Coolmax microfiber. Depending on the size you need, they range in price from $29 to $40.

Buy it: Amazon

8. Coop Home Goods Eden Memory Foam Pillow; $80

Coop Eden Pillow
Coop Home Goods/Amazon

This pillow—which has a 4.5-star rating on Amazon—is filled with memory foam scraps and microfiber, and comes with an extra half-pound of fill so you can add, or subtract, the amount in the pillow for ultimate comfort. As a bonus, the pillows are hypoallergenic, mite-resistant, and washable.

Buy it: Amazon

9. Baloo Weighted Blanket; $149-$169

Baloo Weighted Blanket
Baloo/Amazon

Though the science is still out on weighted blankets, some people swear by them. Wirecutter named this Baloo blanket the best, not in small part because, unlike many weighted blankets, it’s machine-washable and -dryable. It’s currently available in 12-pound ($149) twin size and 20-pound ($169) queen size. It’s rated 4.7 out of five stars on Amazon, with one reviewer reporting that “when it's spread out over you it just feels like a comfy, snuggly hug for your whole body … I've found it super relaxing for falling asleep the last few nights, and it looks nice on the end of the bed, too.” 

Buy it: Amazon 

10. Philips Smartsleep Snoring Relief Band; $200

Philips SmartSleep Snoring Relief Band
Philips/Amazon

Few things can disturb your slumber—and that of the ones you love—like loudly sawing logs. Philips’s Smartsleep Snoring Relief Band is designed for people who snore when they’re sleeping on their backs, and according to the company, 86 percent of people who used the band reported reduced snoring after a month. The device wraps around the torso and is equipped with a sensor that delivers vibrations if it detects you moving to sleep on your back; those vibrations stop when you roll onto your side. The next day, you can see how many hours you spent in bed, how many of those hours you spent on your back, and your response rate to the vibrations. The sensor has an algorithm that notes your response rate and tweaks the intensity of vibrations based on that. “This device works exactly as advertised,” one Amazon reviewer wrote. “I’d say it’s perfect.”

Buy it: Amazon

This article contains affiliate links to products selected by our editors. Mental Floss may receive a commission for purchases made through these links.

Why Does Altitude Affect Baking?

This woman is going to make a quick stop at Whole Foods' bakery section before book club.
This woman is going to make a quick stop at Whole Foods' bakery section before book club.
nicoletaionescu/iStock via Getty Images

Even if you’re highly skilled in the kitchen, you might find yourself with a deflated cake or bone-dry brownies if you happen to be baking in Aspen, Colorado, for the first time. But why exactly does an oven at high altitude so often wreak havoc on whatever baked good is in it?

According to HuffPost, it all comes down to air pressure. The higher you are above sea level, the lower the air pressure is. This is mostly because there’s less air pressing down on that air from above, and it’s also farther from the gravitational forces on Earth’s surface. With less air pressure keeping liquid molecules in their liquid form, it takes less heat in order to vaporize them—in other words, boiling points are lower at higher altitudes.

“For every 500-foot increase in altitude, the boiling point of water drops by 0.9°F,” Dr. Craig F. Morris, director of the USDA ARS Western Wheat Quality Laboratory at Washington State University, told HuffPost.

Since liquids evaporate at lower temperatures, all the moisture that makes your signature chocolate cake so dense and delicious could disappear long before you’d normally take it out of the oven. To avoid this, you should bake certain goods at lower temperatures.

With less air pressure, gases expand faster, too—so anything that’s supposed to rise in the oven might end up collapsing before the inside is finished baking. Cutting down on leavening agents like yeast, baking powder, and baking soda can help prevent this. This also applies to bread dough left to rise before baking (otherwise known as proofing); its rapid expansion could negatively affect its flavor and texture, so you might need to adjust how much yeast you’re using.

If all the ways a recipe could go wrong at high altitudes—and all the experimentation needed to make sure it goes right—seem like a lot to keep track of, Betty Crocker has a handy chart with various types of baked goods and suggested modifications for them.

[h/t HuffPost]