State Group To Sue In `Applegate' Scandal

YAKIMA - The Washington Apple Commission has decided to sue an apple warehouse for copyright infringement in a scandal involving New Zealand apples sent to Taiwan disguised as Washington fruit.

The commission voted yesterday to sue apple warehouse Chief Wenatchee and its former president, Ted Zacher, in federal court next week.

Commission President Tom Hale said the suit is intended to uncover all the facts of the repackaging scam that has been dubbed "Applegate," in which boxes of New Zealand Gala apples were relidded with boxes used for Washington apples.

Washington is the nation's top apple producer and exporter, and the crop was worth more than $770 million to the state's farmers last year. Taiwan is the largest export market for the apples.

Tom Bollinger, chairman of the board of the 130-grower cooperative Chief Wenatchee, said he was surprised by the commission's decision. Bollinger and new Chief Wenatchee President Brian Birdsall had urged the commission not to sue.

"We have apologized to the industry for this miserable happening and I can tell you this kind of thing will never happen again at Chief Wenatchee," Bollinger said.

The relidding was designed to allow the sale of New Zealand fruit after its sales quota to Taiwan was met.