5 Ways to Define a Sandwich, According to the Law

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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.

Why You Shouldn't Buy Your Cereal at Costco

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iStock.com/RapidEye

Scoring deals at Costco is an art. Smart shoppers know which price tag codes to look for and which delivery deals to take advantage of at the bulk discount store. But when it comes to navigating the food section, there are some tips even longtime members may not know about. A big one concerns brand-name breakfast cereal: When shopping for groceries at Costco, you should leave the cereal boxes out of your cart if you want to save money, according to Yahoo! Finance.

It doesn't make sense to buy perishable items in bulk, but even products with a slightly longer expiration date, like cereal, can end up costing you in the long run if you stock up on them at Costco. The cereal at Costco costs about $0.17 per ounce, which is comparable to the cereal prices you'd find at regular grocery stores on most days. But to reap the most savings possible, you need to visit the supermarket on days when certain cereal brands go on sale.

During different times of the week—usually weekends—many grocery stores will pick a popular cereal brand, like Kellogg's or General Mills, to sell at a lower price. At their cheapest, brand-name cereals can be purchased for $0.13 cents per ounce on sale days, or $1.50 for an 11-ounce box.

While you may be better off buying your boxed breakfast staples at the nearest grocery store, there are still plenty of reasons to shop at Costco. To many loyalists, their $1.50 hot dog and soda combo alone is worth a special trip. The store's addictive pizza slices (which are perfectly sauced by a pie-making robot) and dirt-cheap and delicious rotisserie chickens are yet two more reasons. Just be prepared to show your receipt when you're all done (and don't for a second believe it's because the employees think you might have pocketed something). 

[h/t Yahoo! Finance]

A Shrine to Brine: The Mysterious Case of Missouri's Highway Pickle Jar

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iStock.com/MorePixels

No one knows how it started. No one knows who was responsible. Some may even have dismissed it as an aberration, a glitch in the scenery that would soon be corrected. But eventually, drivers in and around Des Peres, Missouri who took a highway off-ramp connecting I-270 North to Manchester Road began to notice that a jar of pickles was sitting on a dividing barrier on the ramp. And it wasn’t going anywhere.

Since 2012, the pickle jar has confounded drivers and internet sleuths alike, according to Atlas Obscura. Some have speculated that someone was trying to send a secret message or share a private joke. Perhaps someone pulling off to the side due to car trouble felt the need to place the brine-filled jar on the concrete wall and then forgot about it. Maybe someone thought it would be a kind of three-dimensional graffiti, incongruous amid the bustling traffic. Maybe it’s an indictment of commerce.

Whatever the case, once the pickles appeared, advocates refused to let them go. Jars that end up toppled over or otherwise damaged are replaced. Sometimes they reappear in protective plastic containers or with a holiday-themed bow. Sightings are photographed for posterity and posted on a Facebook fan page devoted to the jar, which currently has over 4200 members and has morphed from a place to theorize about the mysterious jar's origins to a place where people swap pickle-related recipes and stories.

There are dry spells—no one has posted of a pickle sighting in several months—but followers remain optimistic the jar will continue to remain a presence in Des Peres even if the motivation for placing them near the roadway remains as murky as the briny juice inside.

[h/t Atlas Obscura]

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