Judge rules council action to detain cheese linked to E.coli was ‘unlawful'

A cheese company that was linked to an E.coli outbreak in Scotland has won its latest court battle to put its cheese back on the shelves.

Errington Cheese's Dunsyre Blue cheese, which is made using unpasteurised milk, was banned by Food Standards Scotland (FSS) in September after its Dunsyre Blue cheese was linked to 19 cases of E.coli which led to the hospitalisation of 13 people and the death of a three-year-old girl.

Following the ban from FSS, Errington Cheese asked range of experts to look at the reasons behind the ban. The cheesemonger received a ‘unanimous' expert opinion that the FSS were ‘wrong'.

On 9 February, Errington Cheese informed South Lanarkshire Council (SLC) that, unless they took action, the cheese would return to market. The company invited them to use their power under s. 9 of the Food Safety Act 1990 to ask a Sheriff to hear the evidence and condemn the cheese.

However, SLC detained the cheese, giving Errington Cheese no right of appeal.
Last Friday (27 January) Lord Bannatyne ruled that the action taken by SLC was ‘unlawful' and ‘irrational', and gave the council until 3 February to take action on the company.

After that date, if no action is taken, the cheese will be put back on the market.

In a statement, Errington Cheese said: "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."

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