From the extremely entertaining “How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender” by Mike Chase.

We begin with the bread, the foundation of any ham and cheese sandwich. Bakery products fall squarely in FDA jurisdiction.

One regulation promulgated by the FDA, Title 21, Section 136.110, of the Code of Federal Regulations, is appropriately entitled “Bread, rolls and buns.” It sets the requirements for the most basic of bread products. For example, if the sandwich is going to be served on “egg bread,” the FDA is of the view that the bread had better contain at least 2.56 percent egg solids by weight. There are also other more nuanced bread regulations, like how raisin-y “raisin bread” must be (at least 50 parts by weight for each 100 parts by weight of flour), and that “milk buns” can’t contain any buttermilk.

Then comes the ham. Without it, we’re just going to end up with a cold cheese sandwich on our hands, and that would be sad. But this is also where the USDA enters the picture.

Ham is a meat product subject to regulation by the USDA under Title 9 of the C.F.R. Before it leaves the slaughterhouse, the ham has to be inspected by the USDA and approved for human consumption.

Next, it’s time to add the cheese to our crime sandwich. There are dozens of regulations governing the cheese itself. But whether the cheese is compliant with the federal regulations or not is only part of our concern. One slice of bread, some ham, and a piece of cheese technically make an open-face ham-and-cheese sandwich. Pursuant to the FDA’s Investigations Operations Manual, open-face sandwiches are in the investigative jurisdiction of the USDA. Once the meat-to-bread ratio hits 50:50 on a single slice of bread, the USDA calls the shots. Add a second slice of bread, however, and you now have a closed-face sandwich, and you’re back in FDA jurisdiction.

5 points

The bread, ham, and cheese are all separately regulated.

The nuance between open faced sandwich vs closed sandwich comes down to a final product, So think producing prepackaged food for sale as a federally regulated facility, more than making a sandwich in your kitchen.

And at any rate on any functional level it will be your local health jurisdiction that’s really going to get involved if a regulator ever had to.

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11 points

So when the FDA shows up at your illegal sandwich shop be ready to pull a slice a bread from each sandwich and they will have no jurisdiction. Then you can say, “excuse me FDA’icer you have no jurisdiction here!”

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5 points

Gotta think ahead.

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4 points
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Gotta think abread

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2 points
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And aham and acheese.

(By the way, who is in charge if there are condiments?)

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10 points
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Along the same lines, because alcohol is regulated by the ATF and nutrition labels are a requirement from the FDA, alcoholic beverages don’t need to include nutritional information. As somebody who restricts their diet of certain ingredients, I find the lack of listed allergens or ingredients annoying.

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5 points

Particularly I want seltzer to list the sugar source of their alcohol on the product. There is way too much garbage in the market.

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3 points

As someone with allergies, it is fucking infuriating. I go by web searches and whether a drink is physically painful nearly immediately.

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2 points

However, it is against federal law for alcohol sellers to suggest their product is intoxicating.

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3 points

Department of Gastric Enclosures?

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One that didn’t discover pulled pork, obviously

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