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.

Canned Pumpkin Isn’t Actually Pumpkin

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We hate to squash your autumnal dreams, but baking a pumpkin pie might not be as easy as you think. That’s because the canned pumpkin that normally makes pie prep such a breeze isn’t made of pumpkin at all. Food & Wine reports that cans of pumpkin puree—even those that advertise "100 percent pumpkin"—are actually made of a range of different squashes.

Most pumpkin purees are a mix of winter squashes, including butternut squash, Golden Delicious, and Hubbard. Meanwhile, Libby’s, the largest pumpkin puree brand, has developed its own unique brand of squash called the Dickinson, which is more closely related to a butternut squash than a pumpkin. The FDA is vague about what counts as "pumpkin," which allows companies to pack unspecified squashes into their purees and still list pumpkin as the sole ingredient.

While it’s a little unsettling to find out your favorite pie is not what it seems, pumpkin puree brands have a good reason for their deception. While pumpkins are a quintessential part of autumn, they don’t actually taste that great. Most pumpkins are watery and a little bit stringy, and turning them into a puree takes more work, and involves less reward, than other, sweeter winter squashes.

[h/t Food & Wine]

What's the Difference Between Stuffing and Dressing?

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For carbohydrate lovers, nothing completes a Thanksgiving meal quite like stuffing—shovelfuls of bread, celery, mushrooms, and other ingredients that complement all of that turkey protein.

Some people don’t say stuffing, though. They say dressing. In these calamitous times, knowing how to properly refer to the giant glob of insulin-spiking bread seems necessary. So what's the difference?

Let’s dismiss one theory off the bat: Dressing and stuffing do not correlate with how the side dish is prepared. A turkey can be stuffed with dressing, and stuffing can be served in a casserole dish. Whether it’s ever seen the inside of a bird is irrelevant, and anyone who tells you otherwise is wrong and should be met with suspicion, if not outright derision.

The terms are actually separated due to regional dialects. Dressing seems to be the favored descriptor for southern states like Mississippi, Tennessee, South Carolina, and Georgia, while stuffing is preferred by Maine, New York, and other northern areas. (Some parts of Pennsylvania call it filling, which is a bit too on the nose, but to each their own.)

If stuffing stemmed from the common practice of filling a turkey with carbs, why the division? According to The Huffington Post, it may have been because Southerners considered the word stuffing impolite, and therefore never embraced it.

While you should experience no material difference in asking for stuffing or dressing, when visiting relatives it might be helpful to keep to their regionally-preferred word to avoid confusion. Enjoy stuffing yourselves.

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