What's The Definition Of A Sandwich? The USDA Might Not Even Know

At first blush, sandwiches seem to be a pretty benign subject. But once you scratch the surface, a quagmire of misinformation, infighting among food historians, and a lack of clarity on even the most basic aspects of this ubiquitous food item soon appears. Even the origin of the sandwich is cloaked in mystery. Yes, John Montagu, the 4th Earl of Sandwich, gave it a name, but he didn't actually invent the sandwich, he only popularized it. The actual inventor is lost to history.

And while foodies argue over the best and worst breads for an egg salad sandwich, we should at least be able to agree on what a sandwich is, right? Nope. The Merriam-Webster dictionary defines a sandwich as "two or more slices of bread or a split roll having a filling in between," but then goes on to include another definition ("one slice of bread covered with food"). But does this mean a hot dog is a sandwich since it fits the first definition? The dictionary does indeed define it as a sandwich. How about a taco? Merriam-Webster remains mum on this, but the legal system has weighed in on the matter.

To try and get some answers, such a meaty topic is worth chewing on. While the USDA does provide more insight into what counts as a sandwich, even the federal agency isn't 100% sure about certain foods. In fact, the actual regulation of closed-face sandwiches falls to a different department entirely (that would be the FDA).

The USDA is the federal agency that determines things like the last day you can still eat lunch meat from an open package (it's three to five days, by the way). Its mission includes providing "leadership on food, agriculture ... and related issues based on sound public policy, the best available science, and efficient management," per the USDA website. The agency is responsible for overseeing meat and poultry and defines a closed-face sandwich as "consisting of two slices of bread or the top and bottom sections of a sliced bun that enclose meat or poultry," according to the 2024 edition of its "Food Standards and Labeling Policy Book." All it says about an open-faced sandwich is that it must "contain at least 50 percent cooked meat."

The USDA defines burritos and fajitas as "sandwich-like," which isn't very clear. Tacos aren't even considered "sandwich-like," much less a full-on sandwich. Without a better picture of what defines a sandwich, it's no surprise the food world would stack up related issues like a sky-high club sandwich. For instance, chef (and OG foodie) James Beard hated the modern club sandwich because he vehemently felt that it was a pale imitation of the original because it used chicken instead of turkey and wasn't a triple-decker. The sandwich, it seems, is rife with controversy from soup to nuts, or in this case, from bread to filling — something that appears to happen even at the local level.

What constitutes a sandwich may also depend on where you live. In California, for instance, the state considers both hot dogs and hamburgers sandwiches. New York state agrees, but goes even further with its definition. The state includes gyros, burritos, and even buttered bagels in the definition. Basically, anything that's "made on bread, on bagels, on rolls, in pitas, in wraps, or otherwise, and regardless of the filling or number of layers" makes the cut, per the New York State Department of Taxation and Finance website. Since New York taxes sandwiches, perhaps it makes sense that the state is so broad with what it defines as one.

Meanwhile, in Massachusetts, the courts have ruled a burrito is not a sandwich. But a state judge in Indiana recently ruled that burritos do fit the description of a sandwich. This same judge also ruled on the taco issue. And the answer is yes, it qualifies as a sandwich, at least in the Hoosier State.