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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.

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11 of the Most Extreme Junk Foods Ever Created
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It should come as no surprise that National Junk Food Day is traditionally celebrated on July 21—smack dab in the middle of the dog days of summer, when the streets run thick with ice cream trucks and county fairs boast the kind of fried treats that can only be described as “awesome” (both in the modern sense and the more dated, whoa, we are in awe of that usage). But National Junk Food Day shouldn’t be celebrated with commonplace junk food; oh, no, it deserves something far bigger and better. So save your potato chips and chocolate bars for another day, and get ready to try some truly wild treats.

1. THE KFC DOUBLE DOWN


KFC

Perhaps the most unexpectedly clever way to create a new extreme junk food item is to turn a non-junky foodstuff into something that just oozes calories and decadence. Fried chicken giant KFC knew that—and played it up to major effect—when they introduced the KFC Double Down to America back in 2010. The sandwich foregoes the most traditional aspect of any sandwich (the bread!) and substitutes two fried chicken filets. In between the two pieces of chicken? Bacon, two different kinds of cheese, and the Colonel’s “secret sauce.” There’s no room for a bun here, folks.

2. PIZZA HUT'S HOT DOG STUFFED CRUST PIZZA

We may associate items like fast food pizza and hot dog-stuffed anything with all-American palates, but cheesy juggernaut Pizza Hut saw things a bit differently. In 2012, the chain introduced a pizza with a hot dog-stuffed crust to our neighbors across the pond, treating their UK customers to the kind of taste sensation some people might have had literal nightmares about. Is it a pizza? Is it a hot dog? Somehow, it’s both—and yet something much more.

3. FRIENDLY'S GRILLED CHEESE BURGERMELT


Friendly's

Once again, a wily restaurant chain took a normal food item—in this case, a hamburger—and amped up its junk factor by doing away with something as commonplace as buns, in favor of an entirely different (and, yes, very junky) item. In 2010, Friendly’s rolled out its very own spin on the Double Down, slamming a regular old burger between not one, but two grilled cheese sandwiches. Who needs buns when you can have four pieces of bread, gooey cheese, and unfathomable amounts of butter?

4. GUY FIERI'S CHEESECAKE CHALLENGE

Whiz-bang chef Guy Fieri has long drawn ire for his more wild culinary creations, but what sets his cuisine apart from that of other junk food aficionados is his steadfast dedication to the key elements of any extreme item: size and odd combinations. Fieri’s “Guy's Cheesecake Challenge” is currently on the menu of his Vegas Kitchen and Bar, but it’s easy enough to replicate at home: Just halve a cheesecake, throw it on a plate, and douse liberally with hot fudge, pretzels, and potato chips. (What, no bacon?)

5. DENNY'S FRIED CHEESE MELT


Denny's

In August 2010, Denny’s introduced the Fried Cheese Melt, a grilled cheese sandwich stuffed with fried mozzarella sticks. Yes, it was served with both French fries and a side of marinara sauce, because it’s important to eat vegetables with every meal.

6. DUNKIN' DONUTS'S GLAZED DONUT BREAKFAST SANDWICH


Dunkin' Donuts

If you’ve ever hit up your local Dunkin' Donuts for breakfast and found yourself stumped when it came time to decide if you wanted a donut or a breakfast sandwich to get your morning motor revving, Dunkin' Donuts came up with a brilliant culinary brainstorm in 2013: the fast food favorite unveiled a breakfast sandwich that used glazed donuts as “bread,” wrapped around bacon and peppered egg.

7. JACK IN THE BOX MUNCHIE MEAL

What Jack’s Munchie Meals lack in creativity, they more than make up for in pure, unadulterated size and content. Each Munchie Meal—there are four total—features a massive sandwich (from the Stacked Grilled Cheese Burger to the Spicy Nacho Chicken Sandwich, and all sorts of wild fried things in between) accompanied with two beef tacos, “Halfsies” (a combo of fries and curly fries), and a 20-ounce fountain drink. These intense snack boxes are still available at most Jack in the Box locations, but you’ll have to wait until after 9 p.m. to procure your very own.

8. PIZZA HUT CHEESY BITES REMIX PIZZA

Apparently, there’s nothing that Pizza Hut loves more than using its crust as a delivery system for other junk food items. The hut that pizza built may have crammed hot dogs and hamburgers on to their pie sides, but there was something special about the Cheesy Bites Remix pizza. It featured fried cheese pockets stuffed with three different varieties of extra junk, from spicy seasoning to cream cheese and sesame to mozzarella and parmesan.

9. DEEP FRIED BUTTER

County and state fairs have long been hotbeds (sizzling, oily hotbeds) of wild, deep-frying invention. Dunking things in batter and then tossing them into a vat of oil is a nifty way to turn almost anything into a delicious crisp pocket of junky decadence, perfect for utensil-free eating—but that doesn’t mean that everything needs to get the deep-fried treatment. While deep-fried Oreos may be a stroke of brilliance, deep fried butter is just plain madness. Here’s a quick test: If you wouldn’t eat something if it weren’t deep-fried, don’t eat it if it is deep-fried. When was the last time you ate an entire stick of butter? See? Point proven.

10. THE BACON BUN BURGER

Not content to have a bacon sandwich between two chicken filets? Is a grilled cheese bun replacement not for you? Then try making your very own hamburger buns out of bacon. Carbs are bad for you, right?

11. FRIED ICE CREAM SANDWICH

The Florida State Fair is the proud home of the first fried ice cream sandwich, a junky treat that bears a name that doesn’t even begin to explain what it holds between its buns. It’s not a fried ice cream sandwich so much as a bacon cheeseburger (technically a sandwich) topped with a ball of fried ice cream. It might be a good meal for multi-taskers—no need to worry about dessert—but it doesn’t sound like the kind of thing good for anything else.

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Scientists Find a Possible Link Between Beef Jerky and Mania
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Scientist have discovered a surprising new factor that may contribute to mania: meat sticks. As NBC News reports, processed meats containing nitrates, like jerky and some cold cuts, may provoke symptoms of mental illness.

For a new study, published in the journal Molecular Psychiatry, scientists surveyed roughly 1100 people with psychiatric disorders who were admitted into the Sheppard Pratt Health System in Baltimore between 2007 and 2017. They had initially set out to find whether there was any connection between certain infectious diseases and mania, a common symptom of bipolar disorder that can include racing thoughts, intense euphoria, and irritability.

While questioning participants about their diet, the researchers discovered that a significant number of them had eaten cured meats before their manic episodes. Patients who had recently consumed products like salami, jerky, and dried meat sticks were more likely to be hospitalized for mania than subjects in the control group.

The link can be narrowed down to nitrates, which are preservatives added to many types of cured meats. In a later part of the study, rats that were fed nitrate-free jerky acted less hyperactive than those who were given meat with nitrates.

Numerous studies have been published on the risks of consuming foods pumped full of nitrates: The ingredient can lead to the formation of carcinogens, and it can react in the gut in a way that promotes inflammation. It's possible that inflammation from nitrates can trigger mania in people who are already susceptible to it, but scientists aren't sure how this process might work. More research still needs to be done on the relationship between gut health and mental health before people with psychiatric disorders are told to avoid beef jerky altogether.

[h/t NBC News]

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