farmers, according to the head of the island's only dairy.

Dunkley's Dairy vice president Mr. Michael Dunkley said that if a bid by a local wholesaler to have ultra-heat treated milk taken off a list of prohibited imports was successful, "the dairy farmer will be severely impacted''.

"It would certainly affect the dairy farmers and certainly affect our business, too,'' said Mr. Dunkley. "The local dairy farmers work hard to provide a product for the Island and they do a pretty good job. Allowing the importing of UHT milk will hurt the viability of some of those farmers.'' Wholesalers Butterfield & Vallis applied earlier this year to have the long-time embargo revoked for the product.

Environment Minister Pamela Gordon said on Friday she would seek advice from Cabinet before making a decision on the application.

The Government policy prohibiting the importation of fresh milk and certain other milk products was designed to protect the Island's shrinking dairy farm sector.

Products which cannot be imported include raw milk, pasteurised milk, ultra-pasteurised milk, ultra-heat treated milk and manufactured milk.

But Ms Gordon said "there is a view'' that the importation of UHT milk would not hurt dairy farming.

She said more than 120,000 quarts of milk are produced a month in Bermuda, an ample supply for the Island's needs.

But she said the industry also needed to be protected because there were other issues, such as the protection of farmland and open spaces which came into play.

"Before a decision can be made that can possibly affect the entire dairy industry, I would prefer to consult my colleagues to get feedback first,'' she said. "I think it is a sensitive issue and a balancing act.

"If there's a consumer demand for it, do we really have a right in this day and age to block the consumers' taste? The UHT milk, in my opinion may not be strictly in competition with fresh milk, because there's a bitter taste that lends the product more to a cooking function.

"It is also used in tea and coffee, but I don't see it as a substitute for fresh milk. However, I think a full airing of the subject would be useful before I take a position.'' The application also led to the discovery that the original order banning the product's import was invalid.

A 1984 Prohibition Order had to be revoked when it was drawn to the Government's attention by Butterfield & Vallis lawyers that the order was invalid, because its provisions existed in perpetuity.

The required date of expiration was never attached to the Order. All Orders must have a date of expiration.

On December 1, a new order dealing with the prohibition of certain milk products was gazetted under the Importation of Eggs and Dairy Products (Protection) Act 1964. That order is due to expire December 31.