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.
The ruling class doesn’t want him martyred but they want him killed so very much.
My bets are he is given a life sentence with a groomed jury and he is extrajudicially executed in prison by an unknown agent.