A restaurateur has accused Government of unfairly enforcing a ban on UHT milk while also handing Dunkley's Dairy a monopoly over the dairy market.

Fosco Nannini said the embargo on the non-refrigerated milk was not protecting local dairy farmers ? it was only leaving local restaurateurs and sailors with sour milk.

"This is 2004 not the year 1500," said Mr. Nannini. "I think there should be a choice; if you want to buy UHT milk, then you should be able to buy UHT milk. Why should Dunkley's Dairy have a monopoly on milk in Bermuda?"

Mr. Nannini's comments were sparked by Government's seizure and destruction of his shipment of UHT milk over a month ago.

Despite the ban, Mr. Nannini said he had originally imported the product only for his restaurants, Pirate's Landing, Nannini's Haagan Dazs and Pasta Basta, but was soon approached by several other Italian restaurants who wanted the Italian milk for cappuccinos.

However, Mr. Nannini said several supermarkets continued to stock UHT milk in their stores even after his shipment was destroyed by the Department of Agriculture and Fisheries.

UHT (Ultra Heat Treated) milk is specially pasteurised and packaged to give it a shelf life of six months. Since it does not require refrigeration until opened, sailors, restaurateurs and campers often depend on the product months after fresh milk would have gone off.

But since the1997 passing of the Importation of Milk Prohibition Act, UHT milk has been banned from the Island, along with all manufactured and pasteurised cow's milk.

The legislation intended to update and continue the protection of local dairy farmers after wider legislation, which banned egg importation but not UHT milk, was dropped.

The 1997 legislation though, said Mr. Nannini, was costing sailors and restaurateurs who depended on the milk's long shelf life which could not be replaced by Dunkley's fresh or reconstituted milk.

Newport-Bermuda sailors especially were frustrated by Bermuda's embargo on UHT milk, Mr. Nannini added.

"When the Newport race was here a couple of weeks ago all the sailors were looking for UHT milk. They called Dunkley's asking for it and Dunkley's actually told the sailors to call me because they knew I had been bringing it in. But by that time the Government had taken my shipment away."

Mr. Nannini's run in with the law sparked his daughter, Chiara Nannini, to write a letter to the Editor of in which she further accused Government of inhibiting consumer choice in the diary market.

In an interview she also called into question whether the ban was helping Bermudian workers or simply padding dairy farmers' wallets.

"I know that there are only a couple of big farms owned by Bermudians, but from what I understand they are mostly manned by non-Bermudians."

Her father, though defended the protection of dairy farmers but said that the ban on UHT should be reconsidered in the interest of free trade.

"Bermuda shouldn't be stuck with one choice for milk," Mr. Nannini said. "But the government want to protect Bermuda's dairy farmers and I agree 100 per cent that we should protect them.

"But if you want to buy fresh Bermuda milk then you'll buy it. UHT though is a completely different product. I don't think its fair that we can't bring in UHT milk yet powdered milk is allowed," said Mr. Nannini, pointing out that most of Dunkley's Dairy's milk is reconstituted powdered milk, and not actually fresh milk from cows here.

Mr. Nannini's ire was raised further, he said, when he discovered that even after the destruction of his shipment, White and Son Ltd. in St. David's continued to stock the same variety of UHT milk and that several other stores still carried UHT goat's milk.

He also called into question whether government is being even-handed in enforcing the embargo.

When contacted, the manager of the St. David's store, Mitchell Foot, confirmed that the store sold Parmalat UHT milk though he said he did not know it was illegal.

But he later admitted that after the embargo took effect in 1998 White's had discontinued importing UHT but started selling it again two months ago specifically for local sailors.

"All the yachtsmen ask for the UHT milk. They can't use the Dunkley's Dairy milk because it goes off so soon. I'm only bringing it in for the summer just for the yachtsmen. It just doesn't sell otherwise."

"The milk I got two months ago was from a local importer but the last shipment I brought in myself," continued Mr. Foot, who did not name the importer.

He said he knew the man was supplying to several other stores on the Island.

The Chief Veterinary Officer at the Department of Environmental Protection, Dr. Jonathan Nisbett, oversees Government's milk embargo but could not be contacted.

But earlier this month he said that under the 1997 legislation only cows' milk, whether UHT, manufactured or otherwise pasteurised is banned from being imported, but not goat's and other milks.

The legislation did allow for the importation of UHT milk, Dr. Nisbett said, but under strict regulations. Permission must be granted by the Minister of Agriculture, he said and the milk must be sold wholesale specifically to sailors who will take it off the Island again immediately.

When asked if he knew of this loophole, Mr. Nannini said he was aware of it, but that he doubted he would get special permission from the Minister, and that it would take up to six weeks to receive if he did get it.