5 Ways to Define a Sandwich, According to the Law

iStock
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.

7 Massage Guns That Are on Sale Right Now

Jawku/Actigun
Jawku/Actigun

Outdoor exercise is a big focus leading into summer, but as you begin to really tone and strengthen your muscles, you might notice some tough knots and soreness that you just can’t kick. Enter the post-workout massage gun—these bad boys are like having a deep-tissue masseuse by your side whenever you want. If you're looking to pick one up for yourself, check out these brands while they’re on sale.

1. Actigun 2.0: Percussion Massager (Black); $128 (57 percent off)

Actigun massage gun.
Actigun

Don't assume you need a professional masseur to provide relief—this massage gun offers 20 variable speeds and can adjust the output power on its own according to pressure. Can your human massage therapist do that?

Buy it: Mental Floss Shop

2. JAWKU Muscle Blaster V2 Cordless Percussion Massage Gun; $260 (13 percent off)

Jawku massaging gun.
Jawku

This cordless, five-speed massager uses a design that's aimed to increase blood flow, release stored lactic acid, and relieve sore muscles through various vibrations.

Buy it: Mental Floss Shop

3. DEEP4s: Percussive Therapy Massage Gun for Athletes; $230 (23 percent off)

Re-Athlete massage gun.
Re-Athlete

Instant relief is an option with this massage tool, featuring five different attachments made to tackle any muscle group. You can squeeze in eight hours of massage time before you have to charge it again.

Buy it: Mental Floss Shop

4. Handheld Massage Gun for Deep Tissue Percussion; $75 (15 percent off)

Massage gun from Stackcommerce.
Stackcommerce

With five replaceable heads and six speed settings, this massage gun can easily adapt to the location and intensity of your soreness. And since it lasts up to three hours per charge, you won't have to worry about constantly plugging it in.

Buy it: Mental Floss Shop

5. The Backmate Power Massager; $120 (19 percent off)

Backmate massage gun.
Backmate

Speed is the name of the game here. The Backmate Power Massager is designed for fast, effective relief through its ergonomic design. Fast doesn’t need to mean short, either. After the instant relief, you can stimulate and distract your nervous system for lasting pain relief.

Buy it: Mental Floss Shop

6. ZTECH Percussion Massage Gun (Red); $80 (46 percent off)

ZTech massage gun.
ZTech

This massage gun looks a lot like a power drill, and, similarly, you can adjust its design for the perfect fit with six interchangeable heads that target different muscle areas.

Buy it: Mental Floss Shop

7. Aduro Sport Elite Recovery Massage Gun (Maroon); $80 (60 percent off)

Aduro massage gun.
Aduro

Tackle large muscle groups, the neck, Achilles tendon, joints, and small muscle areas with this single massage gun. Four massage heads and six intensity levels allow this tool to provide a highly customizable experience.

Buy it: Mental Floss Shop

This article contains affiliate links to products selected by our editors. Mental Floss may receive a commission for purchases made through these links. If you haven't received your voucher or have a question about your order, contact the Mental Floss shop here.


This Innovative Cutting Board Takes the Mess Out of Meal Prep

There's no way any of these ingredients will end up on the floor.
There's no way any of these ingredients will end up on the floor.
TidyBoard, Kickstarter

Transferring food from the cutting board to the bowl—or scraps to the compost bin—can get a little messy, especially if you’re dealing with something that has a tendency to roll off the board, spill juice everywhere, or both (looking at you, cherry tomatoes).

The TidyBoard, available on Kickstarter, is a cutting board with attached containers that you can sweep your ingredients right into, taking the mess out of meal prep and saving you some counter space in the process. The board itself is 15 inches by 20 inches, and the container that fits in its empty slot is 14 inches long, 5.75 inches wide, and more than 4 inches deep. Two smaller containers fit inside the large one, making it easy to separate your ingredients.

Though the 4-pound board hangs off the edge of your counter, good old-fashioned physics will keep it from tipping off—as long as whatever you’re piling into the containers doesn’t exceed 9 pounds. It also comes with a second set of containers that work as strainers, so you can position the TidyBoard over the edge of your sink and drain excess water or juice from your ingredients as you go.

You can store food in the smaller containers, which have matching lids; and since they’re all made of BPA-free silicone, feel free to pop them in the microwave. (Remove the small stopper on top of the lid first for a built-in steaming hole.)

tidyboard storage containers
They also come in gray, if teal isn't your thing.
TidyBoard

Not only does the bamboo-made TidyBoard repel bacteria, it also won’t dull your knives or let strong odors seep into it. In short, it’s an opportunity to make cutting, cleaning, storing, and eating all easier, neater, and more efficient. Prices start at $79, and it’s expected to ship by October 2020—you can find out more details and order yours on Kickstarter.

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