The Scottish food safety agency has denied being prejudiced against the use of unpasteurised milk in cheese production while defending its actions to force a ban on the sale of one firm's cheeses following an an outbreak of the E.coli 0157 bug which led to the death of a child.

Errington Cheese has vowed to fight Food Standards Scotland in the courts over the ban and has said it faces complete closure unless it is allowed to restart production and resume sale of its existing stock.

Food writer Joanna Blythmann has launched a crowdfunding campaign on JustGiving to pay for Errington Cheese’s legal costs in a bid to protect artisan food producers north of the border.

The firm owner Humphrey Errington says the continuing impasse has forced him to lay off the 12 staff who work for him. The national E.coli outbreak was linked to the eating of gourmet cheese produced by Errington Cheese and 22 people were infected of whom 13 have needed hospital treatment.

The Herald:

Food Standards Scotland imposed the ban following an outbreak of E.coli but Errington say the food watchdog has still failed to show its evidence linking the outbreak to the company’s products.

In the face of Errington seeking a judicial review, the firm says FSS has now withdrawn an order that stocks of Dunsyre Blue cheese should be destroyed. However, the ban on sale and production of all Errington products remains in place.

And Mr Errington believed Food Standards Scotland has also taken a position against the production of unpasteurised milk cheese.

He added: “This puts the reputation and future of the whole British artisan cheese industry under threat. We have the irony of unpasteurised French cheeses such as Roquefort being imported into Scotland and freely available for sale while a ban exists on our own indigenous cheese.”

The Herald:

But a Food Standards Scotland spokesman said: "We do not place any restriction on the use of unpasteurised milk in cheese production provided that the milk, and the production method used meets legal requirements and does not present a risk to public health.

“Food Standards Scotland would confirm that a petition for Judicial Review has been lodged but cannot comment further on live litigation."

Errington says £350,000 worth of cheese, currently being stored at the firm’s premises, may have to be destroyed if sales are delayed so long that it becomes overripe.

Company founder Humphrey Errington said: “We are acutely conscious that a child has died due to the E. Coli outbreak over the summer. Our products are being linked to this outbreak by Food Standards Scotland but it has so far failed to provide us with any evidence to support this.

“After lodging our case for a judicial review, FSS has backed down and rescinded its order that the cheese be destroyed, which is tantamount to an admission that they had made a mistake in the first place in ordering destruction.

“We have carried out our own tests using leading laboratories in the UK and Europe and found no trace of E. coli 0157.

"We are therefore continuing to seek a judicial review at the Court of Session in order that Food Standards Scotland’s evidence is made public and open to scrutiny.

“Food Standards Scotland say it could take six months to finalise its report but by that time our cheese will have to be destroyed and our business will be finished.”