E-coli outbreak case cheesemaker drops watchdog legal action
Errington Cheese says Food Standard's Scotland says the food watchdog has offered to pay their legal fees in exchange
A cheesemaker whose products were removed from sale following an E.coli outbreak has dropped a legal action against Scotland's food watchdog.
Errington Cheese said its plans to seek a judicial review will not now go ahead after it received concessions from Food Standards Scotland (FSS).
It vowed it will, however, continue the broader fight to have its products put back on the shelves.
Food writer Joanna Blythman is campaigning to save the cheesemaker;
FSS banned the sale of all the firm's cheese products in September and ordered the destruction of the remaining stock, claiming tests on various types had found strains of E.coli O157.
Dunsyre Blue from the South Lanarkshire-based firm had been linked to an E.coli outbreak in the summer in which more than 20 people were infected, including a three-year-old Dunbartonshire girl who died.
Errington Cheese has said it believes there is "no link'' between its produce and the outbreak.
FSS later withdrew the destruction order but the producer maintains that until the sales ban is also overturned, £350,000 of stored cheese is at risk of having to be destroyed if it goes off.
Errington Cheese lodged a case for a judicial review against FSS, arguing it was "unlawful'' for the food safety body to have ordered the destruction of the cheeses and claiming the agency should share the information it was relying upon with the producer.
"We are pleased to report that it has now been recognised that the destruction of our cheese was unwarranted and unnecessary, and that FSS has finally started to share the evidence which they possess with us,'' the cheesemaker said in a statement.
"FSS put a proposal to us asking us to drop our judicial review in return for them agreeing to pay the legal costs of this particular action.
"In light of the recent change in stance by FSS we have agreed to accept this proposal. Consequently, this particular judicial review will now not proceed.''
Errington, which has already laid off 12 members of staff and remains banned from selling any cheese, said it will continue to fight to reopen its business "and to establish the truth of our position''.
"This company continues to believe that our cheese is safe and fit for human consumption, and that there is no link between any of our products and the recent E.coli O157 outbreak,'' the firm added.
"We do so in reliance on expert advice which we have obtained from the most respected of scientists.
"Indeed, FSS have not provided us with any evidence to substantiate their allegations about there being a link between Dunsyre Blue and the outbreak of illness.''
The cheese producer said it will review the evidence produced by FSS and that it hopes to meet officials soon so that the ban on selling the cheeses "can be lifted as a priority and we can resume our business''.
The company warned it would be prepared to resume legal action if necessary.
An FSS spokesman said: "FSS issued a revised food alert for action (FAFA) to local authorities updating the FAFA of September 15 in relation to cheese products produced by Errington Cheese Ltd.
"These products were withdrawn from the market on September 14 following investigations by Health Protection Scotland, South Lanarkshire Council and FSS into an outbreak of E.coli O157.
"This was the focus of the petition lodged by Errington Cheese for judicial review and that petition has been dismissed.
"The full product withdrawal remains in place and all Errington Cheese products continue to be withheld from the market, as they are regarded as a risk to health.
"The full product recall was initiated on the basis of evidence available to FSS and South Lanarkshire Council as a result of sampling and testing of cheese produced by Errington Cheese and concerns regarding its food safety management system and its ability to produce safe products.
"FSS does not recognise some of the comments from Errington Cheese. FSS has not agreed to pay Errington Cheese's legal fees in full. FSS has agreed to pay the reasonable judicial expenses incurred in connection with the raising of the judicial review.
"Samples taken by South Lanarkshire Council (SLC) from different batches of a range of different cheeses produced by Errington Cheese over a four-month period tested positive for E. coli O157 and for other (non-O157) strains of toxin-producing E. coli.
"These samples were tested by fully-accredited testing laboratories and the results verified by expert scientists at reference laboratories in Scotland and England.
"FSS's priority remains protection of consumers. The product withdrawal relating to all products produced by Errington Cheese as listed in the FAFA notice remains in place as the food produced is regarded as a risk to health.''