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.

UK Burger King Restaurants Will Stop Giving Plastic Toys With Kids' Meals

Leon Neal/Getty Images
Leon Neal/Getty Images

Fast food companies don't have a reputation for being eco-friendly, but through small changes made in recent years, some of the biggest names in the industry are working to reduce their environmental impact. Just a few weeks after introducing the meat-free Impossible Whopper, Burger King announced a new policy for its United Kingdom locations. As CNN reports, UK restaurants will no long include plastic toys with kids' meals.

The change comes after two sisters from the UK started a petition on Change.org calling on McDonald's and Burger King to stop distributing plastic toys with kids' meals. Ella and and Caitlin McEwan, who were 9 and 7 respectively when the petition launched this summer, wrote, “children only play with the plastic toys they give us for a few minutes before they get thrown away and harm animals and pollute the sea." They went on to say: "It’s not enough to make recyclable plastic toys—big, rich companies shouldn’t be making toys out of plastic at all." Their online petition has received more than 530,000 signatures.

By cutting plastic from kids' meals, Burger King estimates it will avoid wasting 350 tons of single-use plastic a year. The chain has also installed containers in its UK stores for collecting old plastic toys from customers, so the material can be recycled to make playgrounds. The UK represents just a fraction of Burger King's market, but according to the company, non-biodegradable plastic toys will be phased out of all locations by 2025.

McDonald's has had a different response to the McEwan sister's petition. Instead of doing away with plastic toys completely, UK restaurants will give customers the option to swap toys for fruit with their Happy Meals later this year, and then allow them to opt for books instead for a period in early 2020. Meanwhile, in Canada and Germany, some McDonald's restaurants are experimenting with going totally plastic-free. The more sustainable restaurants feature paper straws, waffle cone condiment cups, and burger wrappers made from grass.

[h/t CNN]

How to Make 3 Delicious Fall Cocktails

Mental Floss Video
Mental Floss Video

As the leaves start to change color, it’s time to put away the White Claw and the rosé …OK, sure, you can drink whatever you like whenever you like. But if you live in a temperate climate, part of the fun of changing seasons is falling in love with new beverages and meals that complement the weather. That’s why we asked Eamon Rockey, the Director of Beverage Studies at the Institute of Culinary Education, to craft three cocktails that are perfect for fall. 

Pumpkin Spice Flip Recipe

Ingredients:

Blended Scotch
Maple Syrup
Pumpkin Puree
One Whole Egg
Cinnamon

Instructions:

  1. Add 2 ounces of blended scotch to a cocktail shaker
  2. Add 3/4 of an ounce of good maple syrup
  3. Add 1 heaping tablespoon of pumpkin puree
  4. Crack 1 egg and add to mixture
  5. Add one piece of ice and shake vigorously, to emulsify the ingredients
  6. Add ice to the top of your shaker and shake again, to chill and dilute the drink
  7. Double-strain into a cocktail glass. You want all of the volume and richness of the egg, without any solid matter or shards of ice. 
  8. Garnish with freshly grated cinnamon and serve

Four Apples a Day Recipe

Ingredients:

Calvados
Rockey’s Milk Punch
Hard Apple Cider
One Granny Smith Apple

Instructions:

  1. Add 1.5 ounces of calvados to a mixing glass
  2. Add 2 ounces of Rockey’s Milk Punch
  3. Stir with ice to chill
  4. Strain into a wine glass
  5. Top with 3 ounces of hard apple cider
  6. Garnish with fresh apple in any style you like

Old Fashioned Recipe

Ingredients:

Bourbon
Angostura Bitters
Simple Syrup

Instructions:

  1. Add 2.5 ounces of bourbon to a mixing glass
  2. Add 3 dashes of Angostura bitters
  3. Add 1/2 an ounce of simple syrup (50% sugar, 50% water)
  4. Add ice and stir, to chill and dilute the drink
  5. Strain into a rocks glass containing a large cube of ice
  6. Finish with a freshly cut twist of orange peel

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