SEVEN tonnes of cheese made by an artisan producer at the centre of a food poisoning outbreak in which a three-year-old girl died have been seized after a batch tested positive for E.Coli.

South Lanarkshire Council planned to remove the cheese from Errington Cheese, however, the producer gained a court order to keep the cheese at its Carnwath base until a sheriff decides whether it will be destroyed.

It means the cheese will remain under lock and key except for the regular "brushing" it requires to stop it from deteriorating after the firm argued the council did not have adequate storage.

The batches seized were Corra Linn, a hard cheese made from sheep's milk, which now joins Lanark Blue and Dunsyre Blue as banned produce made by Errington.

It is expected Errington's lawyers will argue in favour of the safety of the cheeses when a court date is set within the next few weeks, possibly in the same hearing.

A Health Protection Scotland report into the outbreak last year that resulted in the Dunbartonshire child's death and the illness of 17 people - allegedly caused by cheese - is due to be completed this month.

Errington Cheese founder Humphrey Errington said he will continue to fight to prove his cheeses are safe.

He said: "We pointed out that the storage provided must allow us access to brush the cheese every few days and also that the temperature and humidity would have to be right, and we explained our worry about the possibility of damage to and contamination of the cheese during removal and transport - the Corra Linn is not wrapped.

"We learnt in a telephone conversation with the environmental health officers that they intended to remove the cheese to storage where the conditions were such that they accepted the cheese would become unfit to eat."

He went on: "This news, that in effect they intended to destroy an entire year’s production - almost seven tonnes - was devastating and we were determined we had to do whatever we could to stop the removal.

"We went to the Court of Session where the authorities backed down and agreed to leave the cheese where it is, in exchange for our agreement not to sell any cheese until the Sheriff in Lanark has made a decision as to its fitness for consumption."

Michael McGlynn, executive director of community and enterprise at Southh Lanarkshire Council, said: “

Since the Food Alert For Action was issued by Food Standards Scotland, South Lanarkshire Council has acted with the clear principle of protecting public safety.

"At all times we have undertaken to do that through proportionate action.

“As part of that proportionate action, three weeks ago we detained batches of Corra Linn produced by Errington Cheese Limited so that tests could be carried out to determine their safety.

"Test results on a batch of this Corra Linn last Friday confirmed the presence of E.Coli.

"Because of the nature of the batch in which E.Coli was detected, the council considers that there is potential for contamination to have occurred in the other batches of Corra Linn.

“The council therefore served Errington Cheese Limited with a notice under Regulation 27 of the Food Hygiene (Scotland) Regulations 2006 with regard to all batches of Corra Linn.

"This was done on the basis that they have not been produced, processed or distributed in compliance with hygiene regulations.

“The cheese has been seized with the intention of placing it before a sheriff with a request that it be condemned.

"Following the outcome of a hearing at the Court of Session last Friday, the cheese will remain in storage at ECL, subject to appropriate assurances and licences, until these proceedings have concluded.”