Forbidden Fruit No Longer

The UglyRipe tomato is like the frog prince. Once finally kissed by Washington regulators, it turned into a thing of beauty, and potential profit, for a Philadelphia produce distributor.

Joseph Procacci, who started in the wholesale tomato business in Philadelphia with his brother in 1948, said he was after taste, not appearance, when he developed a new variety of tomato that he trademarked in 2000 as UglyRipe.

"All I ever hear is that tomatoes taste like cardboard," Procacci said. "We have been trying to get a tasty tomato."

What he didn't anticipate was that the new creation of closely held Procacci Brothers Sales would run into a spirited, three-year regulatory dispute over its appearance. It drew the attention of top Washington lawyers, lobbyists, members of Congress, Jeb Bush and Gourmet magazine before being resolved last month in UglyRipe's favor.

The tomato's trip through the rule-writing maze illustrates the intricacies of federal agriculture standards and the rivalry over what ends up in the produce section of the supermarket. At stake is a share of the $1.4 billion-a-year fresh-tomato industry, led by Florida with more than one-third of the crop.

The new variety was derived from a French heirloom tomato called Marmonde and then crossed twice for strength and disease resistance. Misshapen, with big "shoulders" and a concave stem, it didn't meet the Agriculture Department's No. 2 grading standards.

Those specifications were set in 1955 to assure the quality and uniformity of the Florida round tomato. Thus, Procacci's pride couldn't be sold outside Florida in the prime winter growing season, from October to June.

The arbiter of compliance with the grading standard is the Florida Tomato Committee of Maitland, Fla., a dozen growers who supervise most of the $500 million-a-year Florida fresh-tomato industry. The committee decides what gets shipped out of the regulated tomato-growing area and what merits an exemption from the standard.

The panel gave Procacci Brothers experimental permits to grow the UglyRipe for the 2001, 2002 and 2003 seasons. The company said the product was an instant hit with tomato lovers.

Procacci realized that people craved in the winter the same sweet, juicy tomato they grow in their gardens or snap up at farmers markets in the summer. Many consumers thought the UglyRipe was worth a premium at about $3.99 a pound, which can be twice the price of the traditional Florida tomato.

Procacci said his company increased acreage for the 2004 season before learning the committee had voted against a permanent exemption. The wasted crop cost him $3 million, Procacci said.

The Ugly didn't make the grade because 90 percent of the tomatoes in a 25-pound box have to be designated No. 2 in shape, size and quality. Only about 70 percent of the newcomers met the standard.