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The tomato is legally a vegetable. To circumvent a tarrif first implemented in 1887. Wow!

"In 1893, the United States Supreme Court settled this thorny issue: the tomato is legally a vegetable."
See link below;
https://www.wanderingvine.com/stories-1/controversial-supreme-court-decision-is-the-tomato-a-fruit-or-a-vegetable#:~:text=In%201893%2C%20the%20United%20States,tomato%20is%20legally%20a%20vegetable.
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MethDozer · M
Like Bumbles alluded to. Vegetable is a purely culinary term for anything edible plant or anything edible from a plant that isn't grain. Fruits are technically speaking vegetables but the two terms are strictly related to how the the thing in question is used culinary. In cuisine the tomato is typically used as a vegetable, just like cucumbers are.