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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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Chefs Launch World's Highest Pop-Up Restaurant at Mt. Everest Base Camp
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A touch of altitude sickness shouldn't stand in the way of a good meal. At least that seems to be the idea behind a plan to serve a seven-course dinner to trekkers at Everest Base Camp, the gateway for those planning to climb Mt. Everest in Nepal.

The four chefs leading this trip hope it will land them a new Guinness World Record for the highest pop-up restaurant on the planet, according to Architectural Digest. At the end of May, the chefs will take 10 people on an eight-day trek from the town of Lukla (at an altitude of about 10,000 feet) to Everest Base Camp (at 11,600 feet), all while foraging along the way for ingredients that can be incorporated into the meal. (For a true luxury experience, guests also have the option of traveling by helicopter.) The full package of flights, accommodations, and meals costs about $5600 per person.

After reaching their destination, trekkers will get to sit back and enjoy a feast, which will be served inside a tent to protect diners against the harsh Himalayan winds. Indian chef Sanjay Thakur and others on his team say they want to highlight the importance of sustainability, and the money they raise will be donated to local charities. Thakur said most of the food will be cooked sous vide, which allows vacuum-packed food to be cooked in water over a long period of time.

"The biggest challenge, of course, will be the altitude, which will affect everything," Thakur tells Fine Dining Lovers. "Flavor [perception] will be decreased, so we will be designing a menu of extraordinary dishes accordingly, where spices will have the upper hand."

This isn't the first time an elaborate meal will be served at Everest Base Camp, though. According to Fine Dining Lovers, another chef launched a pop-up at the same spot in 2016, but it presumably wasn't registered with the Guinness Book of World Records. Other extreme restaurants include one carved into a limestone cliff in China, one dangling 16 feet above the ground in a rainforest in Thailand, and one submerged 16 feet below sea level in the Maldives.

[h/t Architectural Digest]

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Do You 'Procrastibake'? You're Not Alone
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The urge to put off tasks until the last minute is often accompanied by a nagging sense of guilt about not being productive. A new trend tackles both problems at once. It's called procrastibaking.

As The New York Times reports, procrastibaking, or throwing yourself into a baking project to distract yourself from an impending work deadline, is popular among students, telecommuters, and anyone else with access to an oven and who needs a creative outlet divorced from their actual work. Preparing a difficult recipe with many steps may feel like a chore when you're making it for someone else, but when you're baking for baking's sake, the process becomes meditative. Procrastibakers often choose the most complicated recipes they can find: More time in the kitchen means less time spent thinking about their term paper (or bar exam, freelance gig, tax filing, etc.).

According to Google Trends, interest in the term procrastibaking first spiked in April 2010. The word gained momentum on university campuses. A writer named Gabrielle reports in a 2012 blog post for the online law student community Survive Law that procrastibaking and legal education go hand in hand, "because if you’re going to spend time away from the books, you may as well have something cool (and edible) to show for it." In 2014, the linguistics department at Monash University posted a blog detailing the connections between the word and the student tradition of bringing baked goods to meetings.

Today procrastibaking appeals to expert time-wasters of all ages and occupations. There are currently 26,585 posts with the hashtag #procrastibaking on Instagram—check them out if you need some inspiration for ways to push off your next project.

[h/t The New York Times]

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