Farmer sues over alleged contaminated feed

A COMPANY is being sued for €1.9 million in damages over allegedly selling animal feed containing dioxins to a Co Tyrone-based farmer whose cattle herd later had to be destroyed.

Mr Justice Peter Kelly was told at the Commercial Court that the defendants, Millstream Recycling Ltd, is awaiting the outcome of various investigations into the alleged contamination, including by gardaí and the Police Service of Northern Ireland.

Brian Kennedy, for Millstream, of Clohamon Mills, Bunclody, Co Wexford, said his client was taking the matter “very seriously” but would need some additional time to put in a defence.

Mr Justice Kelly admitted the action by William Fulton, of Victoria Road, Bready, Strabane, Co Tyrone, and his company, W&F Fulton Ltd, of the same address, arising from the purchase of biscuit meal feed from Millstream between May and November 2008.

The judge said Millstream’s request for some time to put in a defence was reasonable. He said there were technical issues to be determined and there remained unresolved issues concerning causation with investigations continuing. He directed a statement of claim should be delivered and adjourned proceedings to July 20.

In the action, Mr Fulton and his company allege breach of contract and negligence arising from the sale of the feed. It is claimed Mr Fulton entered into a contract with Millstream for the feed about May 2008, and deliveries were received up to August 2008.

It is claimed Millstream was required to provide feed reasonably fit for the purpose of feeding to livestock and free from contamination of pollutants that would constitute a danger to cattle or render them unfit to enter the human food chain. The meal was fed to their animals from October to December 8, 2008, when it was discovered to be contaminated.

It is claimed the plaintiffs’ animals became contaminated by dioxins and that they were served with an animal movement restriction notice on December 9, 2008, preventing them selling, using or disposing of their animals.

The plaintiffs say their herd had to be destroyed and they suffered consequential losses of £1.7m (about €1.9m) as a result.