Every state legislature determines official symbols, like the state tree, bird, flower, fruit and vegetable. Where does the tomato stand?

Both Tennessee and Ohio legislated the tomato as its official state fruit. (Tennessee Code, Section 4-1-327; Ohio Revised Code, Section 5.081) Louisiana named the Creole tomato as its official state vegetable plant. (LA Revised Statutes 49:170.11.) New Jersey flirted with designating the tomato as the state vegetable: by the House in 2005 (usatoday.com/news/offbeat/2005-03-08-nj-tomato, denied by the Senate; and by the Senate Bill No 2596 in 2009, which died in committee. To avoid controversy, Arkansas declared the tomato as both its state vegetable and state fruit (Arkansas Code, Section 115). Which states are correct?

Botanically speaking, a fruit is the plant seed-bearing part that develops from its flower; whereas vegetables emanate from all other plant parts, such as roots, leaves and stems. (www.mayoclinic.org/…and…/fruit-vegetable-difference/bgp-20056141.) By that definition, a tomato is a fruit, as well as some other well-known vegetables, like corn, cucumbers, bell peppers, eggplant, green beans, squash, and snap peas, to name a few. What a startling discovery, which may bring a needed change to the traditional dinner table mandate, as: “Eat your fruits!”

Remarkably, this is not a recent issue. In Nix v. Hedden 149 U.S. 304 (1893), the US Supreme Court interpreted the Tariff Act of 1883, which required duties on imported vegetables but not on fruits. Though botanically recognizing the tomato as a fruit, the Court held that Congress intended the “ordinary meaning” of the words fruit and vegetable, noting that consumers identified tomatoes as vegetables. Therefore, under law and common usage, a tomato is a vegetable; but botanically, it is a fruit. Accordingly, to answer the above question, Arkansas is correct.

Rhubarb, on the other hand, is classified botanically as a vegetable, but in modern usage, it is consumed as a fruit, mostly in Rhubarb pies. The rhubarb stalks, remindful of celery, is boiled with sugar as a pie filling. Who knew a rhubarb pie was a vegetable delicacy?

The US Department of Agriculture’s (USDA) familiar Food Guide Pyramid tries to strike a balance by placing fruits and vegetables on the same plateau, but in uneven proportion, favoring daily servings of 3-5 vegetables to 2-4 fruits, while avoiding the common usage/botany distinction.