Raw cheese firm faces the bugs: Drops legal action over E. coli investigation

After all the posturing and posing, Humphrey Errington, founder of Errington Cheese, now says he is no longer seeking a judicial review of the Food Standards Scotland’s (FSS) decision to impose a blanket ban on all his products after finding strains of Shiga toxin-producing E. coli.

dunsyre-blue-cheeseA child died after contracting the illness, which affected a total of 20 people in July this year. Food Standards Scotland (FSS) said Dunsyre Blue, made by Errington Cheese, was the “most likely cause”.

Mr Errington said the firm had also been offered a meeting with FSS to resolve their differences. “We have accepted that,” he said.

“It’s a major ‘back off’ off from them,” he added. “It’s a big, big step but it’s far from getting us back in the market. Our aim is get them to see that our cheese is not a risk to health.”

Pasteurization works.

Mr Errington always claimed there was “no evidence” linking its cheese to the outbreak and it accused the FSS of opposing the production of unpasteurised milk cheese.

After the legal challenge to the order was dropped, the watchdog confirmed it had issued a revised order in relation to Errington Cheese products. It stressed that the full product withdrawal remains in place as the cheeses are “regarded as a risk to health”.

A statement from the company said: “Errington Cheese Limited embarked upon a judicial review against Food Standards Scotland for two main reasons.

“Firstly, because we were clear that it was unlawful for FSS to have ordered the destruction of our cheeses on September 14 and secondly because we believed it was incumbent as a matter of fairness for FSS to share the evidence which they have been relying on with us.

“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.”

In a statement, Food Standards Scotland confirmed that samples taken from different batches of different cheeses tested positive for E. coli O157 and for other strains of the bacteria.

FSS chief executive Geoff Ogle said: “This outbreak led to one fatality and 11 people being hospitalised. This was a major food incident where there was a significant risk to public health, with a tragic outcome. We have therefore decided to release the three versions of our risk assessment, each undertaken as new information became available, as well as our final risk management decision document.”

In a food safety information vacuum, anyone can say anything.

I understand there are uncertainties, legal implications, and a general fear that people don’t understand science, but if a regulator is going to shut down a business they need to make their case publicly – or others will do it for them (and they won’t like the result).

It’s a messy, modern world for regulators, but they, like scientists and everyone else, must be prepared to be held legally, politically and publicly accountable for their actions.

War is just a tweet away.

Everyone must be held accountable.

The actions described below should be incorporated into routine public health policy.

And by going public, the company backed off its ridiculous claims.

Geoff Ogle said a few days ago,, “Given the understandable level of interest and press coverage regarding the E. coli O157 outbreak linked to products from Errington Cheese Ltd, FSS has taken the decision that it is in the public interest to publish the information that we have used to inform our decision-making with regards to this incident.

“This outbreak led to one fatality and 11 people being hospitalised. This was a major food incident where there was a significant risk to public health, with a tragic outcome.

“We have therefore decided to release the , each undertaken as new information became available, as well as our final risk management decision document. Of particular relevance is the summary of the circumstances and information available to us at 14 September when FSS decided to undertake a full recall of all Errington Cheese Ltd products. The risk management document of 8 November 2016 sets out our conclusions at paragraphs 15-18 based on the risk assessments we have undertaken.

“I have seen a number of comments today and over the past weeks about this incident which FSS does not recognise nor accept. Reference to recent legal actions should not be about claiming any sort of victory given the consequences of the E. coli O157 outbreak. There is nothing to celebrate and this was never a vendetta against the rights to make, sell and consume cheese made from raw milk, nor against Errington Cheese Ltd. Given all that has happened it is sad to see this being portrayed as such in some quarters.

“Finally, I want to put on record my thanks to all FSS staff involved, and to our partner organisations who have supported our endeavours in managing this incident for their magnificent efforts. Their entire focus has been on protecting public health and making the right decisions based on the evidence we had. Scotland is fortunate to have such dedicated public servants.”

Go public.

War is just a tweet away.

Love it when regulators explain themselves: Scottish cheesemaker will go bankrupt as watchdog says all their cheese is to be destroyed

The family that produces the gourmet cheese at the centre of fresh concerns over a fatal E. coli outbreak say they will be made bankrupt after a food watchdog confirmed all its produce is to be destroyed.

cheese-2-png-galleryInvestigators confirmed that their probe has now been widened after two more people were identified as being infected bring the number who were ill to 22, of which 13 have needed hospital treatment.

They are also examining whether cases of E. coli O157 infection affecting children in the Angus area may also be linked.

Food Standards Scotland (FSS) on Wednesday issued a blanket ban on the sale of all cheese from Errington Cheese, of Carnwath, South Lanarkshire, the producer linked to the outbreak which led to the death of a three-year-old Dunbartonshire girl.

FSS explained for the first time details of tests during the seven-week long alert.

It confirmed E. coli non-O157 was detected in one sample of Dunsyre Blue produced by Lanarkshire-based Errington Cheese which is considered a “serious risk to public health”.

It said 13 samples in different batches of Errington’s Dunsyre Blue and one of Lanark White have tested “presumptive positive” for shiga toxin producing E .coli and are considered to be “potentially hazardous to health”.

While E. coli O157 was detected in one sample of Lanark White cheese it was not shown to contain stx genes which were found in people who were ill. However a food examiner declared it was “potentially injurious to health and/or unfit for human consumption”.

All positive tests were still awaiting “further confirmatory testing”. It was not clear when the testing took place.

A multi-agency Incident Management Team (IMT), that includes Health Protection Scotland and Food Standards Scotland’s Scottish arm has been reconvened to deal with the latest developments.

Ten days ago the IMT had declared the outbreak to be “over” and that it had stood down leaving the FSS working with South Lanarkshire Council to continue food safety investigation.

And Professor Hugh Pennington, an expert on E.coli has questioned the proportionality of the food watchdog’s decision to issue a blanket ban on the sale of all cheeses from Errington.

e-coli-o157-cheeseThe emeritus professor of bacteriology at the University of Aberdeen, said FSS had come down “very heavily” on Errington Cheese, stating there is a “real possibility” the organisation was “over-interpreting scientific evidence.”

He said that the “jury was still out” and while there may be a “moderately strong” case on Dunsyre Blue, there was “no scientific evidence” on any of the firm’s other cheeses.

Humphrey Errington, owner of Errington Cheese insisted there is no evidence linking his cheese to the outbreak insisting investigators will not talk to them about the proof for the sales ban.

FSS deny this, saying all all results from samples were shared with Errington and insist decision take to recall Errington Cheese Ltd products are “evidence-based and informed by interpretation from experts including legally designated food examiners”.

“They have destroyed us, basically. We are completely finished,” said Mr Errington. “It’s a nightmare. Unfortunately, nightmares are things you wake up from.

“They are destroying cheese to the value of £300,000, there is no company of our size that can survive that. “Our reputation is completely destroyed and the family will be bankrupt.

FSS said: “Potentially harmful strains of E.coli and the shiga toxin (stx) genes that can cause illness in humans have been found in a number of different batches of different cheeses produced by Errington Cheese Ltd.

“This means that FSS is not satisfied that the controls and production methods used by the business are producing safe food. Furthermore, the reliance on a limited number of negative test results as evidence that the food is safe provides insufficient assurance.

cheeseheads“Throughout this incident FSS has taken a proportionate approach based on the evidence and it considers that the evidence now

IMT chairman Dr Alison Smith-Palmer said that the IMT has established that 19 of the 22 confirmed cases had eaten blue cheese prior to becoming ill.

Of these, 15 are known to have eaten Dunsyre Blue while others cannot be certain about the brand of blue cheese they have consumed. Investigations are ongoing on the other cases.

Food Standards Scotland stated that on 14 September 2016 Food Standards Scotland (FSS) issued a food alert for action (FAFA) for all products produced by Errington Cheese Ltd. That decision was not taken lightly. FSS is fully aware of the impact on the business, but its priority is to protect public health.

FSS’s primary focus is protection of consumers. FSS has made information available where this has been in the public interest, but it would not be appropriate to conduct an ongoing food safety investigation through the media.

The recent outbreak of E. coli O157 has now affected 22 people, 13 of whom have required hospitalisation, and tragically, one child died as a consequence. The multi-agency Incident Management Team (IMT) chaired by Health Protection Scotland concluded that, based on strong epidemiological evidence, the outbreak of illness in humans was linked to Dunsyre Blue cheese, produced by Errington Cheese Ltd. Of the 22 confirmed cases to date, the IMT has established that 19 had eaten blue cheese prior to becoming ill. Of these, 15 are known to have eaten Dunsyre Blue while others cannot be certain about the brand of blue cheese they consumed. Investigations are ongoing on the other cases.

Since the outbreak was declared over on 5 September 2016, two new cases have been identified with the same outbreak strain of E. coli O157 and the IMT has consequently reconvened. 

Errington Cheese Ltd. has undertaken two voluntary recalls of cheese, and Food Standards Scotland has initiated two further recalls – on 10 and 14 September 2016.

The FSS recalls have been initiated on the basis of evidence available to FSS and South Lanarkshire Council (SLC) as a result of sampling and testing of cheese produced by Errington Cheese Ltd and concerns regarding its Food Safety Management System and its ability to produce safe products, and in view of the new epidemiological information available concerning the two new cases.

Errington Cheese Ltd has publically commented that E. coli O157 has not been found in its cheese. This is inaccurate. Some samples submitted for testing by SLC have tested positive for E. coli O157 and for another (non-O157) strain of E. coli. These organisms are considered a serious risk to public health by the Food Examiner and the Scottish E.coli O157/VTEC reference laboratory. In addition, further samples have tested positive for shiga toxin (stx) genes. These samples have tested “presumptive positive” for shiga toxin producing E. coli (STEC) and therefore are considered to be potentially hazardous to health.

Analysis of samples taken by SLC has been carried out using accredited methods in official laboratories. All results from these samples were shared with Errington Cheese Ltd as soon as they were available. The decisions FSS has taken to recall Errington Cheese Ltd products are evidence-based and informed by interpretation from experts including legally designated Food Examiners.

  1. coli O157 and non-O157 have been detected in different batches of Dunsyre Blue and Lanark White produced by Errington Cheese Ltd. Batch numbers relate to the dates the batches were produced.

Batch F15 Dunsyre Blue: Shiga toxin producing E. coli (STEC) has been cultured and isolated from a sample taken from batch F15 (Dunsyre Blue). This sample has been confirmed as a non-O157 E. coli (STEC). This type of E. coli has been known to cause severe illness. Nine further samples were subsequently taken from this batch, and all have also been found to contain the stx2 gene and one for the stx1 gene (all nine samples are therefore considered presumptive positive for STEC), FSS is awaiting further confirmatory testing on these samples. This product has not been placed on the market.

Batch G14 Lanark White: E. coli O157 has been cultured and isolated from a sample taken from batch G14 (Lanark White). This isolate has not been shown to contain the stx genes and is undergoing further analysis. Stx gene negative strains of E. coli O157 have been isolated from cases of human illness consistent with E. coli O157 infection.The Food Examiner declared this sample to be “potentially injurious to health and/or unfit for human consumption”. Therefore this batch was withdrawn by FSS following the refusal of the food business to withdraw it voluntarily.

Batch E24 Dunsyre Blue: two samples from batch E24 (Dunsyre Blue) have been found to contain the stx2 gene – these samples would therefore be considered as presumptive positives for STEC whilst FSS awaits further confirmatory testing. This batch was withdrawn voluntarily by the food business.

Batch G12 Dunsyre Blue: a sample from batch G12 (Dunsyre Blue) has been found to contain the stx2 gene (a presumptive positive for STEC) and FSS is awaiting further confirmatory testing on this sample. This product has not been placed on the market

Batch H24 Lanark White: A sample from batch H24 (Lanark White) has been found to contain the stx2 gene. This sample would be considered a presumptive positive for STEC whilst FSS awaits confirmatory testing.This product has not been placed on the market.

Potentially harmful strains of E.coli and the shiga toxin (stx) genes that can cause illness in humans have been found in a number of different batches of different cheeses produced by Errington Cheese Ltd.  This means that FSS is not satisfied that the controls and production methods used by the business are producing safe food. Furthermore, the reliance on a limited number of negative test results as evidence that the food is safe provides insufficient assurance, as it is clear that multiple samples across different cheese batches have had positive results.

Throughout this incident FSS has taken a proportionate approach based on the evidence and it considers that the evidence now justifies a full recall of Errington Cheese Ltd. products to ensure the protection of public health. FSS has been in frequent communication with Errington Cheese Ltd. throughout these investigations both directly, through SLC and through the company’s legal representatives.

From the point of issue of the FAFA, all Local Authorities in Scotland will be seeking to ensure all products manufactured by ECL are recalled and held with a view to being destroyed. If consumers have any products from Errington Cheese Ltd. they should dispose of them or take them back to the place of purchase. ‎

E. coli in Scotland: FSS doubles down and says all Errington Cheese products pose a risk to public health

According to Lizzy Buchman of The Scotsman Food Standards Scotland (FSS) issued an alert to all Scottish councils calling for all Errington Cheese products to be removed from the shelves as they could pose a risk to public health. The outbreak is being linked to another outbreak in Angus where a playgroup has been temporarily shut down due to a small number of cases.

double-downThe South Lanarkshire-based firm has already been forced to take two of cheeses off the market following a wave of E. coli cases linked to a batch of Dunsyre Blue cows milk cheese and another batch of Lanark White ewe’s milk cheese. A statement released tonight by FSS Scotland said: “Both O157 and non-O157 strains of E. coli have been detected in a number of different types of cheese produced by Errington Cheese Ltd. “Errington Cheese Ltd has not voluntarily withdrawn these products so… FSS as the designated central public food body in Scotland, is initiating the withdrawal of all cheese produced by Errington Cheese Ltd from the marketplace. “FSS and South Lanarkshire Council’s investigations into food safety related to unpasteurised cheese produced by Errington Cheese Ltd are ongoing. Actions will continue to be determined by what is necessary to protect public health and the interests of consumers.” The affected products include Dunsyre Blue, Dunsyre Baby, Lanark Blue, Lanark White, Maisie’s Kebbuck and Cora Linn cheeses.

NHS Tayside said it is investigating linked cases of E.coli O157 affecting a “small number of children” in the region, which has led to a playgroup being temporarily closed. The playgroup, which has not been named by NHS Tayside, has been shut as a precautionary measure while investigations continue. The health board’s Health Protection Team has issued information to parents at the playgroup and an Angus primary school advising them of action to take if they have concerns about their child’s health. A helpline has also been set up on 0800 028 2816. The health board is examining possible sources and routes of transmission and said “necessary control measures” have been put in place to prevent the infection spreading. Consultant in public health medicine, Dr Jackie Hyland, said: “NHS Tayside and Angus Council are together investigating a small number of linked cases of E.coli O157 infection. The risk to the general public remains low and those affected have received appropriate medical treatment and advice.” No one at Errington Cheese was available for comment. The firm said previously that its own extensive testing had shown the cheese was safe to eat.

New cheese alert after child’s E. coli death

A three-year-old girl from Dunbartonshire who died from E. coli O157 was among 20 confirmed cases that emerged in July and linked to Dunsyre Blue cheese made by South Lanarkshire-based Errington Cheese.

e-coli-o157-cheeseOn Saturday, Food Standards Scotland ordered the withdrawal from sale of batch G14 of Lanark White (unpasteurized) ewe milk cheese, adding, “A sample from a batch of Lanark White submitted for testing by South Lanarkshire Council has tested positive for E. coli O157. Although this organism may not carry shiga toxins, it is associated with human disease in the UK, so this cheese is a potential risk to health. FSS has issued a FAFA [Food Alert for Action] calling for this product to be immediately recalled from sale.”

The order to withdraw the cheese from sale was made after Errington refused to issue its own voluntary recall.

The company said the cheese had been on the market for three weeks with no reported cases of illness.

In a statement on its website, it said: “When we were told of the presumptive E. coli O157 result we immediately consulted experts in dairy microbiology.

“The experts told us they were confused and concerned by the testing methodology adopted by the laboratory.

“We have given careful consideration to this and to the fact that the cheese has been on the market for three weeks now with absolutely no reported incidence of illness.

“We have arranged for the sample of the same cheese tested by the authorities to be tested and the results will be ready on Monday when we will review the situation.”

Health Protection Scotland previously said that epidemiological investigations had “identified Dunsyre Blue cheese as the most likely cause of the outbreak”.

It added: “Despite extensive investigation, including looking for other possible food sources, no other link to a majority of cases could be established.”

Errington Cheese disputed the link, maintaining there was no conclusive evidence linking its products to the outbreak.

In a statement on its website last month it said that testing had shown it to be “completely clear of E. coli O157.”

Professor Hugh Pennington, the country’s leading expert on E. coli, told the Herald Scotland it could be difficult to identify it in any product suspected of causing food poisoning as by the time the illness comes to light, the food is usually all consumed or thrown away.

“Even if some of the batch (of food) is available for testing the bug might not be evenly distributed through a whole product, and so you might test part of the product that has been left or not been eaten yet and not find it – that doesn’t prove it wasn’t there in the bit that has been eaten,” he said.

“Scientifically it is sometimes quite complicated to come to a straightforward conclusion. The cheese manufacturers rightly say what is the evidence – but the regulatory authorities might never be able to come up with that.”

Joanna Blythman, investigative food journalist and the Sunday Herald’s food critic, said she believed there was a prejudice in Scotland against raw milk products, adding, “The (Dunsyre Blue) case puts a chill round everyone who wants to make a small scale artisan food. Meanwhile, the real prime suspects for large scale food poisoning are our industrial food producers.”

Stick to journalism. Illness per meal and type of food consumer and processing technique would have to be factored into any comparison of one food and artisan products.