Fruit or vegetable?
Botanically, a tomato is a fruit: the ovary, together with its seeds, of a flowering plant. However, the tomato has a much lower sugar content than other fruits, and is therefore not as sweet. Typically served as part of a salad or main course of a meal, rather than at dessert, it is considered a vegetable for most culinary purposes. One exception is that tomatoes are treated as a fruit in home canning practices: they are acidic enough to be processed in a water bath rather than a pressure cooker as "vegetables" require. Tomatoes are not the only foodstuff with this ambiguity: eggplants, cucumbers, and squashes of all kinds (such as zucchini and pumpkins) are all botanically fruits, yet cooked as vegetables.
This argument has had legal implications in the United States. In 1887, U.S. tariff laws that imposed a duty on vegetables but not on fruits caused the tomato's status to become a matter of legal importance. The U.S. Supreme Court settled the controversy on May 10, 1893 by declaring that the tomato is a vegetable, based on the popular definition that classifies vegetables by use, that they are generally served with dinner and not dessert (Nix v. Hedden (149 U.S. 304)).[36] The holding of the case applies only to the interpretation of the Tariff Act of March 3, 1883, and the court did not purport to reclassify the tomato for botanical or other purpose.
Tomatoes have been designated the state vegetable of New Jersey. Arkansas took both sides by declaring the "South Arkansas Vine Ripe Pink Tomato" to be both the state fruit and the state vegetable in the same law, citing both its culinary and botanical classifications. In 2009, the state of Ohio passed a law making the tomato the state's official fruit. Tomato juice has been the official beverage of Ohio since 1965. A.W. Livingston, of Reynoldsburg, Ohio, played a large part in popularizing the tomato in the late 1800s, his efforts are commemorated in Reynoldsburg with an annual Tomato Festival.
In 2001 the Council of the European Union in a directive stated that tomatoes should be considered fruits[37].