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.

Ninja’s Hot & Cold Brewed System Is the Only Coffee Maker You’ll Ever Need

Amazon
Amazon

Update: The glass-carafe version of the Ninja Hot & Cold Brewed System is currently on sale for $99 (a 50 percent discount) on Amazon and Walmart. That's the cheapest price we've ever seen, so grab it while you can. The thermal-carafe version is on sale on Amazon for $168, a 27 percent discount.

For people who just want a cup of joe to help them get out the door in the morning, the French presses, Chemexes, Aeropresses, Moka pots, and other specialized devices that coffee aficionados swear by probably seem more overwhelming than appealing. Ditto the fancy cappuccino machines at local cafes. That’s where Ninja’s new Hot & Cold Brewed System comes in: It was created to give coffee addicts a myriad of options with minimal fuss, not to mention minimal equipment. And it makes tea, too!

“Coffeehouses are known for having an endless selection, but current at-home brewers haven't given users the vast variety of choice we thought possible, and certainly not all in one product," Mark Rosenzweig, CEO of SharkNinja, said in a press release. "The Ninja Hot & Cold Brewed System changes the category entirely. This innovative system is more than just a machine you use in the morning; it's your all-day brewing partner.”

The Hot & Cold Brewed System comes with two baskets: one for coffee and one for tea. It knows what you're making to make based on the basket you insert, and the available options for that basket will light up. The machine allows the user to make six different sizes of coffee or tea, from a single cup all the way up to a full 50-ounce (10-cup) carafe.

And of course, as the name suggests, the system can make both hot and iced beverages. For coffee, it has five brew options: classic, rich, over ice, cold brew, and specialty (a concentrated brew for milky drinks like cappuccinos). If you’re making tea, you can choose between hot and cold brews optimized for herbal, black, oolong, white, or green tea.

When you select an over ice or cold brew, the machine automatically doubles the strength of your beverage so it doesn't get overly diluted by the ice cubes in the carafe. Even better, the Ninja can make cold brew in just 10 to 15 minutes, whereas other systems and methods typically take hours. (Hot coffee is brewed at 205°F, while the cold brew is made at 101°F.) And the system has a hot and cold frother that folds into the side so you can make barista-level lattes, too.

These bells and whistles sound impressive on paper, but how do they perform in real life? Ninja sent me Hot & Cold Brewed System to test for myself.

Ease of Use

Though it might look like something developed by NASA, the Hot & Cold Brewed System is designed to easily work with the twist of a dial and the push of a button, and it delivers. From loading in the correct amount of grounds with the system’s “smart scoop” to picking what type of brew you’d like, it’s simple enough to use even while bleary-eyed in the morning. It’s also easy to schedule a delayed brew so you can do the rest of your morning routine while your coffee brews. (Here’s the only drawback I can think of about this machine: When it starts brewing, it’s kind of noisy—loud enough to make my cats jump. It’s not a dealbreaker, but if you live in a small apartment and plan to brew coffee so that it’s ready right when you wake up, it might be something to consider.)

The system even tells you when it needs to be descaled. The “clean” button will light up, at which point you simply fill the water reservoir with descaling solution and water and press the clean button. A countdown lets you know how much longer the clean cycle will last.

Taste and Flavor

I swapped out an old, cheap coffee maker for the Hot & Cold Brewed System, and the difference was immediately noticeable. Whether hot or cold, the coffee made by the H&CBS was a better, smoother cup of joe. That’s due to what Ninja has dubbed Thermal Flavor Extraction automated brewing technology, which, according to a press release, “knows the precise temperatures, correct bloom times, and proper levels of saturation for every possible beverage combination to ensure a great taste every time.”

Whatever tech they use, it works. The coffee I make in this machine is consistently tasty. The rich brew setting works exactly as advertised, too, providing a richer, bolder flavor than the classic brew.

Features and Accessories

One of the best things about the H&CBS is the fact that it cuts down on waste significantly. Unlike other machines, it doesn't require any plastic pods or paper filters. Instead, it comes with two permanent filters, one for coffee and one for tea.

And the cold brew function is a game changer if you prefer iced coffee to hot. Not only does it brew quickly, but it eliminates the messy cleanup that comes with making cold brew yourself.

Typically priced at $230 for the thermal carafe version (or $200 for the glass carafe), the Hot & Cold Brewed System is significantly more expensive than a simpler drip coffee machine. But if you’re a cold brew addict looking to treat yourself, it’s worth it. Consider springing for the slightly more expensive thermal carafe model, which will keep your java hot or cold for hours. (I’ve left ice in it overnight and found cubes the next morning.)

You can get the Hot & Cold Brewed System on Amazon, Walmart, Macy's, or directly on Ninja’s website starting at $160.

Fuel Your Cold Brew Obsession With This Elegant, Efficient Coffee Maker

Brrrewer
Brrrewer

The sun is scorching, the days are endless, and the gentle clinking of ice cubes in a glass of cold brew coffee sounds like chimes at the gates of heaven itself.

A beverage so divine deserves to be created by a machine to match, right? Meet Brrrewer, a coffee maker that will provide you with the smoothest, sweetest, richest cold brew coffee you’ve ever had—and it’ll do it in just four hours.

Brrrewer uses the cold drip method to brew coffee in which coffee grounds are suspended between two microfilter membranes. Water is poured over the top membrane, then slowly filters through the coffee grounds and drips out from the bottom membrane. The top membrane ensures that the water is evenly distributed among the coffee grounds, and the bottom membrane allows only the water-turned-coffee to fall into the carafe below, without any of the gritty residue. (That gritty residue is often a result of the full immersion method, which is popular among those with French presses; basically, you just steep your coffee grounds in cold water for 12 to 24 hours, strain out the grounds, and drink.)

The carafe is encased in a second layer of glass, providing thermal insulation and keeping your coffee cold for longer than a regular glass bottle or pitcher. And you can cross “coffee filters” off your shopping list—the microfilter membranes do that job already.

The Italy-based team at Essense designed Brrrewer with elegance and minimalism in mind, so it won’t throw off the aesthetic groove of your kitchen. In fact, it might enhance it. Also, it’s manufactured from a combination of borosilicate glass and BPA-free Tritan plastic; in other words, it’s extra-sturdy and environmentally friendly.

Mixologist Francesco Corona, five-time Italian “Coffee in Good Spirits” champion and world championship finalist, worked with Essense to develop special cocktail recipes for Brrrewer, which you can find in the paperback book, available on its own for $17 or with Brrrewer (the book and coffee maker combo is $78). Order Brrrewer by itself for $67 here, or see other purchase options from Kickstarter.

If four hours is more than you’re willing to wait for cold brew, check out Ninja’s Hot & Cold Brewed System, which can make it in about 15 minutes.

Mental Floss has affiliate relationships with certain retailers and may receive a small percentage of any sale. But we choose all products independently and only get commission on items you buy and don’t return, so we’re only happy if you’re happy. Thanks for helping us pay the bills!

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