The status of humble tomato depends on who you ask. Botanists will tell you that a tomato is certainly a fruit, because it is the ovary and the seeds of a flowering plant. Practically, however, both cooks and ordinary people consider it a vegetable because of its low sugar content and the tendency to serve it with the main course instead of the dessert course (as is common with fruit).
The state of Arkansas decided to avoid (or perhaps assume) the whole controversy by deciding to use the tomato, in particular the South Arkansas Vine Ripe Pink Tomato, both as official fruit of the state (due to its botanical classification) and to official state vegetables (in English) to account for its culinary classification).
Hopefully, people from Arkansas can mediate disputes that can arise between the people of Ohio (where tomato is the fruit of the state) and New Jersey (where tomato is the state vegetable).
If you are looking for an official word on this matter (and a fan of little things like us), you might want to skip over what individual states have to say about this matter, and consider the federal government's attitude US Supreme C ourt. The court decided in 1