|June 16, 2004,
as reported by just-food.com: Batter-coated French
fries are fresh vegetables according to a ruling by the
U.S. Department of Agriculture.
Federal District Judge Richard Schell said it was right
to consider batter-coated French fries as fresh vegetables
under the Perishable Agricultural Commodities Act, arguing
that the potato in a batter-coated French fry is still
considered fresh as it has not been preserved, reported
the Associated Press.
The USDA was quick to point out that the classification
applies to commerce and not to nutrition, where a batter-coated
French fry would be classed as a processed food.
The USDA’s proposal to classify batter-coated
French fries as fresh under the commodities act was
challenged by bankrupt food distributor Fleming. Under
certain bankruptcy rules creditors who sold fresh fruits
and vegetables to the company are required to be paid
in full, while other creditors might only receive partial
According to the company’s lawyer, Tim Elliott,
Fleming plans to appeal against the ruling, reported