Quiz Question: August 29, 2011

Discussion in 'The Village Square' started by Delly, Aug 29, 2011.

  1. Delly

    Delly In Flower

    Joined:
    May 12, 2010
    Messages:
    312
    Likes Received:
    86
    Location:
    Clintwood Virginia
    Why did the US Courts decide that certain "fruit" is not a fruit but a "vegetable"?
     
    FlowerFreak22 likes this.
  2. Loading...


  3. eileen

    eileen Resident Taxonomist Staff Member Moderator Plants Contributor

    Joined:
    Feb 7, 2005
    Messages:
    29,088
    Likes Received:
    6,282
    Location:
    Scotland
    This was a decision by the Supreme Court of the United States that decided that the tomato should be classified under customs regulations as a vegetable rather than a fruit. The Court's unanimous opinion held that the Tariff Act of 1883 used the ordinary meaning of the words "fruit" and "vegetable", under which a tomato is classified as a vegetable, instead of the technical botanical meaning.
    The court unanimously decided that the tomato was classified as a vegetable, based on the ways in which it is used, and the popular perception to this end. Passages were cited from the dictionaries define the word 'fruit' as the seed of plants, or that part of plants which contains the seed, and especially the juicy, pulpy products of certain plants, covering and containing the seed. These definitions have no tendency to show that tomatoes are 'fruit,' as distinguished from 'vegetables,' in common speech, or within the meaning of the tariff act.
     
    FlowerFreak22 and Delly like this.
  4. Karrma

    Karrma In Flower

    Joined:
    Jul 24, 2011
    Messages:
    264
    Likes Received:
    77
    Location:
    Western Washington State
    But why did the US Supreme court get into this decision on fruit or vegetable? It is because there was a tariff on vegetables but not on fruit, since 1883. Someone named Nix sued the port system and Mr. Hedden of the port of New YOrk, for back taxes on the tomatoes, because as a fruit, it should not be subject to taxes. The Supreme Court had to decide that what was common practice was common law, and most people treat the tomato as a vegetable. (More taxes collected too :rolleyes: )

    My first guess would have been so the school system and McDonalds could claim ketchup as a vegetable.
     
    Delly likes this.
  5. Jerry Sullivan

    Jerry Sullivan Garden Experimenter Plants Contributor

    Joined:
    Nov 10, 2010
    Messages:
    7,185
    Likes Received:
    3,044
    Location:
    Chelmsford MA
    The Tariff Act of March 3, 1883 required a tax to be paid on imported vegetables, but not fruit. Nix v. Hedden, 149 U.S. 304 (1893) was a decision by the Supreme Court of the United States that decided that the tomato should be classified under customs regulations as a vegetable rather than a fruit.

    Jerry
     
    Delly likes this.

Share This Page