True or False? New York State “Burritos Are Legally a Sandwich”

Have you ever had the discussion with your friends about whether or not a hot dog or a burrito can be considered a sandwich? Is a Pop-Tart a pie? It is a sandwich? What does it matter? Can it be either or neither?

New York State had to come to a conclusion as to whether or not a burrito is a sandwich. Really they did. So what did they determine? Why does it even matter? What's the big deal?

If a burrito is a sandwich, what else is considered a sandwich according to New York State?

Don't worry, New York wrote it all down as to what is considered a sandwich (can you believe it). In fact, if you have anything else to do other than watch paint dry, you can check it out yourself (here/pdf). Other sandwiches include buttered bagels, gyros, open-faced sandwiches, wraps, and pitas.

Why are these items needing to be classified as a sandwich anyway?

Again, it comes down to the tax money. If an item comes under the classification of a sandwich, New York sees it as a prepared food item, thus they need to collect sales tax on it. Think of it this way, bread, mayo, tomatoes and cold cuts, purchased individually, are not charged sales tax. If you purchase the combination of them, in a pre-made sandwich, at the grocery, quickie mart or even a restaurant, they have been crafted into that sandwich and thus, sales tax can be charged.

Is a Burrito a sandwich in the eyes of the State of New York?

In April of 2019, New York State had to actually sit down and consider what constitutes a sandwich. Is bread involved? What is a cheesesteak? A Taco? A panini? Why? Well, very simply, it comes down to what (and how much) they can tax. Yep, New York looking for tax money, shocking, right?

Are there any other odd items that New York State charges sales tax on?

Hello, this is New York State, so the answer to that is a 'heck yes!' Probably the most often example of this is that New York is one of the eight states that charges sales tax on shipping. Got to love it!