Yakima, Wash.-based Borton “inadvertently failed to identify activity (e.g., by weight or cartons shipped) for apples that were subject to the Commission’s assessment,” according to a settlement agreement reached April 22.
In the agreement, Borton & Sons says it is making the payment to the commission “solely in compromise and settlement of potentially disputed Claims and that such payments are not to be regarded as admissions of liability or fault by anyone.”
The agreement covers back payments for the 2011-12, 2012-13 and 2013-14 shipping seasons. Barbara Walkenhauer, the commission’s chairwoman, and John Borton, secretary/treasurer of Borton & Sons, signed the agreement.
Borton & Sons officials did not return calls for comment. Todd Fryhover, the commission’s president, declined to comment.
Under the terms of the agreement, the commission and Borton & Sons agree to release each other from any other past, present or future claims related to the “facts and circumstances alleged.”