You might remember the good old UglyRipe and the battle its developers were having with the Florida Tomato Committee. Well it looks like tasty but ugly wins out.

The tomato’s developer, Joe Procacci, had been at odds over the tomato with the FTC, a group of competing growers sanctioned by federal law. The FTC is empowered to determine all size and shape standards for tomatoes entering the U.S. market from mid-October to mid-June, the time of year when many Americans claim they’re unable to find a tasty tomato. For the last three years, the FTC has found that the UglyRipe does not meet its rigorous standards, which are based on size and shape, but not taste. The FTC rejection meant that the tomatoes were prohibited for sale outside of the Florida growing region during the winter months.

The new USDA rule, published in today’s (January 17) Federal Register, amends the Florida Tomato Marketing Order to exempt the UglyRipe from the shape portion of the USDA grade standards as long as the UglyRipe is grown, packed, and distributed under USDA’s Identity Preservation Program (IPP). The IPP uses the unique genetic fingerprint of a produce variety to assure that it is in fact the product claimed by its grower. The UglyRipe will still have to meet all of the other grade standards imposed under the marketing order.