5 Legal Interpretations of What Makes a Sandwich

Identifying a sandwich seems straightforward. Grilled cheese? Clearly a sandwich. A BLT? Undoubtedly. However, the confusion arises when determining what doesn’t fall under the sandwich category. Is a hot dog a sandwich? What about a burrito or an open-faced turkey melt?

The debate over what constitutes a sandwich might seem like a philosophical dilemma, but it has practical consequences. Governments have repeatedly intervened in the food industry’s use of the term, and even the late Ruth Bader Ginsburg shared her perspective on the matter.

During a 2018 appearance on The Late Show with Stephen Colbert, Ginsburg was asked whether a hot dog is a sandwich. Demonstrating her judicial wisdom, she turned the question back to Colbert, asking for his definition of a sandwich before offering her conclusion. She agreed that, by Colbert’s definition, a hot dog could indeed be classified as a sandwich.

Merriam-Webster entered the fray in 2016 by unequivocally stating that a hot dog is a sandwich, despite the Hot Dog Council’s disagreement. Here’s the legal stance on this heated sandwich debate.

1. California: Hot Dogs Are Classified as Sandwiches

Hot dogs frequently find themselves at the heart of the sandwich definition debate. While they meet the criteria of being served on a bread-like product, many sandwich enthusiasts argue they belong in a separate category. However, California aligns with Merriam-Webster, affirming that a hot dog is indeed a sandwich. This classification is embedded in the state’s tax law, which references “hot dog and hamburger sandwiches” sold at “sandwich stands or booths.” While labeling burgers as sandwiches is less contentious, it still sparks lively discussion.

2. Massachusetts Court Rules: A Burrito Does Not Qualify as a Sandwich

When Qdoba planned to open near a Panera Bread in Shrewsbury, Massachusetts, the bakery franchise owners objected. They argued that Qdoba’s presence would breach their lease agreement with the White City Shopping Center, which barred the mall from leasing to other sandwich restaurants. Jeff Ackerman, owner of the Qdoba franchise group, told The Boston Globe, “We were surprised by the lawsuit because it’s common knowledge that a burrito isn’t a sandwich.”

The Worcester County Superior Court sided with Qdoba. During the 2006 case, Cambridge chef and food writer Christopher Schlesinger testified against Panera [PDF], stating, “No reputable chef or culinary historian would classify a burrito as a sandwich. The idea would be considered ridiculous by any credible expert in the field.”

Justice Jeffrey A. Locke ruled in favor of Qdoba, permitting its move into the shopping center. He referenced a Merriam-Webster entry as the most compelling evidence against Panera’s argument. “The New Webster Third International Dictionary defines a ‘sandwich’ as ‘two thin slices of bread, typically buttered, with a filling such as meat, cheese, or a savory mixture in between,’” he stated. “Based on this definition and common understanding, the court concludes that the term ‘sandwich’ does not encompass burritos, tacos, or quesadillas.”

3. USDA’s Definition: A Sandwich Requires Meat Between Two Bread Slices

For precise definitions of food items, the U.S. Department of Agriculture is a reliable source. Their role includes ensuring accurate labeling of the nation’s meat supply. Regarding sandwiches, the USDA adheres to specific guidelines. “A sandwich consists of meat or poultry enclosed by two slices of bread, a bun, or a biscuit,” explained Mark Wheeler, a food and safety expert at the USDA, in an interview with NPR. This definition is derived from the Food Standards and Labeling Policy Book, which governs meat, poultry, and egg product labeling (the FDA oversees other food categories). Notably, items like burritos, wraps, and hot dogs do not meet the USDA’s sandwich criteria.

4. USDA Also States: A Burrito Falls Under “Sandwich-Like Products”

The USDA’s definition isn’t as straightforward as it appears. While a sandwich is clearly defined, the term “sandwich-like product” introduces ambiguity. The same Food Standards and Labeling Policy Book cited by Mark Wheeler classifies burritos under this broad category. Fajitas may also qualify as sandwich-like products, provided the meat strips are wrapped in a tortilla. Additionally, the book categorizes hot dogs and hamburgers as sandwich-type products when discussing inspection guidelines for pre-packaged meals. However, the USDA excludes strombolis from the sandwich family, explicitly stating in the policy book that they “are not considered traditional sandwiches” [PDF].

5. New York’s Broad Definition: If It’s Served on Anything Bread-Like, It’s a Sandwich

New York takes an inclusive approach to defining sandwiches. A bulletin detailing the state’s tax policy dedicates a specific section to clarifying what qualifies as a sandwich. It states:

“Sandwiches encompass both cold and hot varieties, prepared and ready for consumption, whether made with bread, bagels, rolls, pitas, wraps, or similar bases, regardless of the filling or number of layers. A sandwich can range from a simple buttered bagel or roll to an elaborate six-foot toasted sub.”

The bulletin also provides examples of taxable sandwiches. While some, like Reubens, paninis, club sandwiches, and peanut butter and jelly sandwiches, are universally accepted, others, such as burritos, gyros, open-faced sandwiches, and hot dogs, may spark debate among food enthusiasts.