The cheesemaker linked to Scoland’s major e.coli outbreak has won its latest fight with authorities after a judge ruled the detention of its products by South Lanarkshire Council was unlawful.
Errington Cheese attempted to put two of its cheeses - Lanark Blue and Corra Linn – back on sale this month, arguing that if the council wanted to oppose the move it would have to prove the cheese was unfit for human consumption under the Food Safety Act.
However, South Lanarkshire Council immediately seized the cheese under another legal provision, leaving it “detained” for an indefinite period, and Errington Cheese with no right to appeal.
Last Friday, Lord Bannatyne described the detention notices as unlawful and irrational and granted an interim measure in favour of Errington Cheese.
The judge ordered Errington to wait a week before putting the products back on sale to give authorities time to consider their next move. If they choose to pursue the ban under the Food Safety Act, it will result in a judicial review of the evidence against Errington’s raw cheeses.
“South Lanarkshire Council have been given until Friday 3 February to decide whether or not to take the correct action open to them under s.9 of the 1990 Act,” said owner Humphrey Errington.
“If they do so, we look forward to the opportunity, at long last, to have a judicial decision on the evidence for and against the fitness of the cheese for consumption.”
Food Standards Scotland ordered Errington to withdraw all its raw cheeses from sale last summer, after its Dunsyre Blue was found to be “the most likely cause” of an outbreak of e.coli 0157 that led to the death of a child.
The cheesemaker has always insisted its products are safe, and claims expert testing has found no evidence of e.coli in any of its cheeses. It currently has no plans to place the two cheeses linked to the e.coli outbreak - Dynsyre Blue and Lanark White - back on sale.
South Lanarkshire Council said it was “disappointed” with the court’s decision, and insisted its “sole objective” was to protect public health. “We argued in court that the actions taken have been proportionate and appropriate under the terms of food regulations as they apply to the Food Alert for Action which was issued by Food Standards Scotland,” said a spokesman.
Errington’s undertaking not to put its cheese back on sale in the next seven days would “continue to protect public safety and allow us to consider our response and next steps” he added.
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