Stock futures slip after five-year high, fourth-quarter earnings in focus


NEW YORK (Reuters) - Stocks were set to fall at the open on Monday as markets are seen consolidating after the S&P 500 closed Friday at a five-year high and before this week's start of earnings season.


Last week was the best for U.S. stocks in more than a year as a budget deal and economic data boosted investor confidence.


Investors will likely turn their attention to the fourth-quarter earnings season that kicks off this week. Earnings are expected to be only slightly better than the third-quarter's lackluster results and analysts' current estimates are down sharply from what they were in October.


"We have a cautious market entering fourth-quarter earnings season," said Peter Cardillo, chief market economist at Rockwell Global Capital in New York. "I think it's going to be a disappointing one this time around."


Financial shares will be in focus a day after global regulators known as the Basel Committee gave banks four more years and greater flexibility to build up cash buffers, scaling back moves that aimed to help prevent another financial crisis.


By spurring credit, the easing of the bank rules may help support growth, potentially boosting investments in equities and other relatively risky assets.


"Basel giving banks four more years to get their act together will be good" for stocks, Cardillo said.


Separately, Bank of America shares added more than 2 percent before the market opened after it reached a settlement with Fannie Mae to resolve agency mortgage repurchase claims.


S&P 500 futures dipped 2.5 points and were below fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures fell 17 points, and Nasdaq 100 futures fell 4 points.


Walt Disney Co started an internal cost cutting review several weeks ago that may include layoffs at its studio and other units, three people with knowledge of the effort told Reuters.


Video-streaming service Netflix Inc said it will carry previous seasons of some popular shows produced by Time Warner's Warner Bros Television.


Major U.S. technology companies could miss estimates for fourth-quarter earnings as budget worries likely led some corporate clients to tighten their belts last month.


Amazon shares rose 1.8 percent $263.70 in premarket trading after Morgan Stanley raised its rating on the stock to "overweight" from "equal weight."


Roche's chairman was quoted saying the Swiss pharmaceutical group is no longer considering a bid for the U.S. gene-sequencing company Illumina . Illumina shares were off 8 percent at $50.20 in premarket trading.


(Reporting by Rodrigo Campos; Editing by Kenneth Barry)



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Assad, in Speech, Says Syria ‘Accepts Advice but Not Orders’





BEIRUT, Lebanon — President Bashar al-Assad of Syria, sounding defiant, confident, and, to critics, out of touch with the magnitude of his people’s grievances, proposed on Sunday what he called a plan to resolve the country’s 21-month uprising with a new constitution and cabinet.







Andoni Lubaki/Associated Press

Fuel was sold on a street in Aleppo, Syria, on Saturday. The country's largest city -- hobbled by shortages of oil, food, medicine, doctors and gas -- has been plunged into disaster by the war.







Reuters

President Bashar al-Assad of Syria spoke at the Opera House in Damascus on Sunday.






But he offered no new acknowledgment of the gains by the rebels fighting against him, the excesses of his government or the aspirations of the Syrian people. Mr. Assad also ruled out talks with the armed opposition and pointedly ignored its central demand that he step down, instead using much of a nearly hourlong speech to justify his harsh military crackdown.


Mr. Assad waved to a cheering, chanting crowd as he strode to the stage of the Damascus Opera House in the capital’s central Umayyad Square — where residents said security forces had deployed heavily the night before. In his first public speech since June 2012, he repeated his longstanding assertions that the movement against him was driven by “murderous criminals” and foreign-financed terrorists, and appeared to push back hard against recent international efforts to broker a compromise.


“Everyone who comes to Syria knows that Syria accepts advice but not orders,” he said. His speech came a week after the United Nations envoy on the Syrian crisis, the senior Algerian diplomat Lakhdar Brahimi, visited Damascus in a push for a negotiated solution.


“Who should we negotiate with — terrorists?” Mr. Assad said. “We will negotiate with their masters.”


Mr. Assad’s speech was a disappointment for international mediators and many Syrians who believe that without a negotiated settlement Syria’s conflict will descend into an even bloodier stage. The United Nations estimates that more than 60,000 people have died in what began as a peaceful protest movement and transformed into armed struggle after security forces fired on demonstrators.


Rebels have made gains in the north and east of Syria and in the Damascus suburbs, but Mr. Assad’s government has pushed back with devastating air and artillery strikes and appears confident that it can hold the capital; neither side appears ready to give up the prospect of a military victory.


The tenor of Mr. Assad’s speech will likely raise the question of whether Mr. Brahimi’s mission serves any purpose; there was no immediate comment from him or his staff.


Mr. Assad’s opponents rejected the proposal as meaningless, sticking to their longstanding demand that the president resign as a precondition to negotiations.


“We can’t deal with this murderous regime at all,” George Sabra, a member of the opposition Syrian National Coalition, said in a brief interview. “This regime has killed 60,000 people, so no one could possibly think that working with this regime is a possibility. It is out of the question.”


Mr. Assad, whose family has ruled Syria for 42 years, said Sunday that he was open to dialogue with “those who have not betrayed Syria,” a likely reference to tolerated opposition groups that reject armed revolution, such the National Coordinating Body for Democratic Change, whose members have been floated by Syria’s allies China and Russia as possible compromise brokers.


Yet Mr. Assad’s speech appeared unlikely to satisfy even those among his opponents who reject the armed rebellion, since it made no apology for the arrests of peaceful activists or for airstrikes that have destroyed neighborhoods. Mr. Assad gave no sign of acknowledging that the movement against him was anything more than a foreign plot or had any goals other than to inflict suffering and destroy the country.


“They killed the intellectuals in order to afflict ignorance on us,” Mr. Assad said. “They attacked the infrastructure in order to make our life difficult, they deprived children from school in order to bring the country backward.”


He added: “The enemies of the people are the enemies of God, and the enemies of God will burn in hell.”


Hania Mourtada contributed reporting



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Barnes & Noble sells fewer Nooks, retail revenue falls






(Reuters) – Barnes & Noble Inc’s Nook unit reported weak holiday season numbers on Thursday as it sold fewer e-readers and tablets at its own stores, and its e-books sales growth slowed, raising questions about the future of its digital business.


The Nook, launched in 2009 to compete with Amazon.com Inc‘s market-leading Kindle, has been the cornerstone of Barnes & Noble‘s strategy to counter the shift by many book readers to digital books. Early growth attracted a big investment last year from Microsoft Corp.






And last week, British education and media publisher Pearson Plc said it would take a 5 percent stake in Barnes & Noble‘s Nook Media unit, which also includes its college bookstore chain, giving it a $ 1.8 billion value, about double the company’s value as a whole.


But questions swirled about whether it is worth that much, after the retailer said that the Nook segment’s revenue fell 12.6 percent from a year earlier during the nine weeks ended December 29, hurt by lower unit sales and prices.


Sales of digital content like e-books and magazines rose 13.1 percent during the holidays, a much slower pace than the 38 percent gain last quarter and 113 percent in the 2011 holiday season, suggesting Barnes & Noble is having trouble holding on to its 25-30 percent share of the U.S. e-books market.


“We are way beyond the point where you should see content sales accelerate,” Morningstar analyst Peter Wahlstrom told Reuters. “That hasn’t materialized and that’s concerning.”


The numbers were all the more disappointing given that in late November, Barnes & Noble had told investors Nook device sales doubled over the Black Friday weekend, which follows Thanksgiving and kicks off the holiday season in earnest.


That suggests the rest of season was a debacle, analysts said, and Chief Executive William Lynch said in a statement that Barnes & Noble is “examining the root cause” of the shortfall and will adjust its strategy.


“The investment question for Barnes & Noble in 2013 is the Nook‘s staying power as a legitimate tablet device,” Credit Suisse analyst Gary Balter wrote in the note, predicting the retailer will face stiffer competition this year from the likes of Apple Inc and Google Inc, since tablets now have improved functions that make them more appealing to book readers.


The drop in Nook sales came despite the launch of two well-reviewed high-definition Nook tablets in October and promotions at large chains like Wal-Mart Stores Inc and Target Corp, both of which stopped selling Kindles last year.


Despite the holiday results, Barnes & Noble still expects Nook Media sales of $ 3 billion this fiscal year, keeping a forecast it gave in October.


That steady forecast helped lift shares 2.6 percent to $ 14.88 in morning trading.


The company will report full quarterly results in late February.


The results follow a warning from Barnes & Noble in a filing last week that holiday sales would come in below its expectations. The warning erased most of the gains in its share price that followed the news of Pearson’s investment.


FEWER VISITORS IN STORES


Compounding Barnes & Noble‘s troubles, fewer shoppers came into its bookstores during the Christmas period.


Barnes & Noble, which had enjoyed a sales bump after onetime rival Borders Group liquidated in 2011, reported a 10.9 percent decrease in sales at its bookstores and on its website over the holiday period.


Sales at stores open at least 15 months fell 3.1 percent, excluding Nook products, despite the benefit of some store closings — Barnes & Noble operates 689 bookstores, 14 fewer than a year ago.


“The Borders tailwind is over,” Morningstar’s Wahlstrom said.


(Reporting by Phil Wahba in New York; editing by John Wallace and Nick Zieminski)


Gadgets News Headlines – Yahoo! News





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Bethenny Frankel Divorcing Jason Hoppy















01/05/2013 at 05:00 PM EST







Bethenny Frankel and Jason Hoppy


Albert Michael/Startraks


It's official – Bethenny Frankel and Jason Hoppy's marriage is over.

Having announced a separation over the holidays, the reality star began the divorce process by filing earlier this week in New York, TMZ reports.

"It brings me great sadness to say that Jason and I are separating," Frankel, 42, had said in a statement Dec. 23. "This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family."

The split comes after months of rumors that the pair – who married in 2010 and are parents to daughter Bryn, 2½ – were on the rocks.

"Bethenny is devastated," a friend tells PEOPLE.

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FDA: New rules will make food safer


WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.


The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.


The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.


Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.


Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.


In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.


Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.


"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.


The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.


The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.


The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.


Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.


In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."


The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.


FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.


The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.


Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.


"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.


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"Cliff" concerns give way to earnings focus

NEW YORK (Reuters) - Investors' "fiscal cliff" worries are likely to give way to more fundamental concerns, like earnings, as fourth-quarter reports get under way next week.


Financial results, which begin after the market closes on Tuesday with aluminum company Alcoa , are expected to be only slightly better than the third-quarter's lackluster results. As a warning sign, analyst current estimates are down sharply from what they were in October.


That could set stocks up for more volatility following a week of sharp gains that put the Standard & Poor's 500 index <.spx> on Friday at the highest close since December 31, 2007. The index also registered its biggest weekly percentage gain in more than a year.


Based on a Reuters analysis, Europe ranks among the chief concerns cited by companies that warned on fourth-quarter results. Uncertainty about the region and its weak economic outlook were cited by more than half of the 25 largest S&P 500 companies that issued warnings.


In the most recent earnings conference calls, macroeconomic worries were cited by 10 companies while the U.S. "fiscal cliff" was cited by at least nine as reasons for their earnings warnings.


"The number of things that could go wrong isn't so high, but the magnitude of how wrong they could go is what's worrisome," said Kurt Winters, senior portfolio manager for Whitebox Mutual Funds in Minneapolis.


Negative-to-positive guidance by S&P 500 companies for the fourth quarter was 3.6 to 1, the second worst since the third quarter of 2001, according to Thomson Reuters data.


U.S. lawmakers narrowly averted the "fiscal cliff" by coming to a last-minute agreement on a bill to avoid steep tax hikes this weeks -- driving the rally in stocks -- but the battle over further spending cuts is expected to resume in two months.


Investors also have seen a revival of worries about Europe's sovereign debt problems, with Moody's in November downgrading France's credit rating and debt crises looming for Spain and other countries.


"You have a recession in Europe as a base case. Europe is still the biggest trading partner with a lot of U.S. companies, and it's still a big chunk of global capital spending," said Adam Parker, chief U.S. equity strategist at Morgan Stanley in New York.


Among companies citing worries about Europe was eBay , whose chief financial officer, Bob Swan, spoke of "macro pressures from Europe" in the company's October earnings conference call.


REVENUE WORRIES


One of the biggest worries voiced about earnings has been whether companies will be able to continue to boost profit growth despite relatively weak revenue growth.


S&P 500 revenue fell 0.8 percent in the third quarter for the first decline since the third quarter of 2009, Thomson Reuters data showed. Earnings growth for the quarter was a paltry 0.1 percent after briefly dipping into negative territory.


On top of that, just 40 percent of S&P 500 companies beat revenue expectations in the third quarter, while 64.2 percent beat earnings estimates, the Thomson Reuters data showed.


For the fourth quarter, estimates are slightly better but are well off estimates for the quarter from just a few months earlier. S&P 500 earnings are expected to have risen 2.8 percent while revenue is expected to have gone up 1.9 percent.


Back in October, earnings growth for the fourth quarter was forecast up 9.9 percent.


In spite of the cautious outlooks, some analysts still see a good chance for earnings beats this reporting period.


"The thinking is you need top line growth for earnings to continue to expand, and we've seen the market defy that," said Mike Jackson, founder of Denver-based investment firm T3 Equity Labs.


Based on his analysis, energy, industrials and consumer discretionary are the S&P sectors most likely to beat earnings expectations in the upcoming season, while consumer staples, materials and utilities are the least likely to beat, Jackson said.


Sounding a positive note on Friday, drugmaker Eli Lilly and Co said it expects profit in 2013 to increase by more than Wall Street had been forecasting, primarily due to cost controls and improved productivity.


(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)



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Digital Technology Is Making Its Mark in Cuba


Jose Goitia for The New York Times


The director Carlos Lechuga at the International Festival of New Latin American Cinema in Havana.







HAVANA — Sebastián Miló barely had enough money to put gasoline in the aged bus that ferried his crew to the set each day, let alone to pay actors a salary.




But Mr. Miló, a 33-year-old Cuban filmmaker, had a Canon 5D digital camera and a story to tell. So, during one frenetic week in May 2011, he shot “Truckdriver,” a tense 25-minute film about bullying at one of the vaunted rural boarding schools where millions of Cubans used to spend part of their high school education.


“It was something I went through myself, and so did many people I know,” said Mr. Miló, referring to incidents of bullying that dogged him at school and, later, during military service. “The subject struck a chord.”


Mr. Miló is one of hundreds of Cuban filmmakers who, armed with digital technology, are laying the foundations of an independent movie industry outside the state apparatus that has defined Cuban cinema for much of the Castro era — and still, much to the frustration of some filmmakers, controls access to the island’s movie theaters.


Around the country, Cubans are making features, shorts, documentaries and animated works, often with little more than a couple of friends and some inexpensive equipment — and little input from the state-supported Cuban Institute of Cinematic Art and Industry.


Mr. Miló, who received about $10,000 in financing from a Spanish production company, Idunnu Music and Visual Arts, said that the crew and actors worked for next to nothing. “They said they felt strongly about what the film was saying,” he said.


The global boom in digital filmmaking has rippled across Cuba over the past decade, letting filmmakers create their work beyond the oversight of state-financed institutions. Independent movies have become a new means of expression in a country where, despite freedoms and economic reforms introduced by President Raul Castro since 2006, the state still carefully controls national press, television and radio, and access to the Internet is very limited.


While there is no official tally of independent movies, they have gained prominence on the national scene. They dominate the Cuban offerings at the International Festival of New Latin American Cinema in Havana and scored a new level of commercial visibility last year with “Juan of the Dead,” a zombie movie that was released in several countries, including the United States.


“They’re bringing fresh ideas; they’re experimenting,” said Javier Ernesto Alejándrez, 21, a humanities student waiting in line last month to see the independent feature “Pablo,” shown as part of the film festival.


“There’s a lot of creativity, and they are really thinking about stuff,” said Alexandra Halkin, the director of the Americas Media Initiative, a nonprofit group that distributes and promotes Cuban film overseas. “They just need more tools and more space.”


For decades, the film institute was an important tool of the government’s program to educate Cubans and build a national narrative under the Communist system, annually producing dozens of documentaries and features and nurturing acclaimed directors, including Tomás Gutiérrez Alea (known as Titon), Humberto Solás and Fernando Pérez. The institute’s financing plummeted after the Soviet Union collapsed, and it now relies on foreign sources to produce a handful of features each year.


The explosion of independent film has yielded an uneven jumble of movies that draw on genres eschewed by the establishment — like thrillers and horror — and that offer raw depictions or biting satire about the darker side of life on the island.


Miguel Coyula, whose surreal, fragmentary feature “Memories of Overdevelopment” was shown at the Sundance Film Festival in 2010, said that while no specific trend had emerged, there was a greater willingness to tackle riskier and risqué subjects — even Fidel Castro — and document issues not covered by the official press.


Some movies offer a glimmer of a promising new generation, experts and filmmakers say, citing the experimental documentaries of Marcel Beltrán and Armando Capó, which will be included in a program at the Museum of Modern Art in February; Victor Alfonso’s humorous animated shorts about a high school nerd; Carlos Machado Quintela’s feature-length movie “The Swimming Pool,” about a group of physically disabled children and their swimming instructor; and the work of more established practitioners like Mr. Coyula and Esteban Insausti, whose work has been screened at many foreign festivals, including Cannes.


Carlos Lechuga, 29, whose debut feature film, “Melaza” (“Molasses”), tells a story of social degradation in a sugar town whose mill has been shuttered, said that independent movies were nourishing a conversation among Cubans keen to see the hard realities of their lives dealt with on screen.


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Cricketer Herath alive and bowling despite death rumors






SYDNEY (Reuters) – As Mark Twain might have said, rumors of the death of Sri Lankan spinner Rangana Herath which spread like wildfire across social media late on Friday proved to be greatly exaggerated.


Far from lying in a Sydney morgue alongside former test bowler Chaminda Vaas after perishing in a car crash as the reports had suggested, Herath was very much alive when he pitched up for work at the Sydney Cricket Ground on Saturday.






The most prolific wicket-taker in test cricket last year, the 34-year-old leg spinner claimed two Australian wickets to seal a haul of four for 95 and then contributed nine runs with the bat.


Team mate Dimuth Karunaratne told reporters at the conclusion of the day’s play that the team had been dumbfounded by the rumors.


“I heard about it when we having breakfast but I had no idea where that came from,” he said with a laugh.


“Guys from Sri Lanka were calling us asking ‘when is the funeral?’ and stuff like that.


“Rangana is alive,” he added, somewhat unnecessarily.


Herath’s efforts were not enough to prevent Australia taking an iron grip on the third test match on Saturday and move to the brink of a 3-0 series sweep.


That could all change, however, if he and Dinesh Chandimal, who finished the third day unbeaten on 22, are able to dig in on Sunday, inflate their lead beyond the current 87 and give Sri Lanka a decent target to bowl at.


The Sydney track has traditionally offered a lot of turn for spinners in the last couple of days of a test and, as Herath’s 60 wickets last year showed, there are few better spinners operating in test cricket at the moment.


“The wicket is turning a lot now and the Aussie guys are playing the fourth innings, so I think Rangana… can do something,” said Karunaratne.


Vaas has no position with the test team and remains, also unharmed, in Sri Lanka, Sri Lankan reporters said.


(Editing by John O’Brien)


Internet News Headlines – Yahoo! News





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Courteney Cox: I'll 'Show My Boobs' on the New Season of Cougar Town















01/04/2013 at 08:00 PM EST



Courteney Cox is taking the term "boob tube" literally.

The Cougar Town star, 48, whose show moves from ABC to TBS on Jan. 8, eagerly anticipates more um, revealing scenes once the program makes its way to the cable network.

"You will not see one scene that I don't show my boobs," Cox joked to reporters Friday at the Television Critics Association winter tour, according to Access Hollywood.

"You know what? I'm getting older, so I've decided at this point I'm taking less focus [on] the face, and focusing here," she added, pointing to her chest. "By the time I'm much older, I will just be absolutely nude. I think it's [going to] work for me, I hope."

The show's executive producer, Bill Lawrence, backed up Cox's comments. "There is one difference [with the show going to cable]," he said Friday. "I think I'm allowed to say … Courteney did declare this the year of her cleavage."

Still, the star isn't exactly baring it all. Although there is an episode themed "naked day" for Cox's character Jules and her on-camera hubby Grayson (Josh Hopkins), there will be no actual nudity on the show.

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FDA: New rules will make food safer


WASHINGTON (AP) — The Food and Drug Administration says its new guidelines would make the food Americans eat safer and help prevent the kinds of foodborne disease outbreaks that sicken or kill thousands of consumers each year.


The rules, the most sweeping food safety guidelines in decades, would require farmers to take new precautions against contamination, to include making sure workers' hands are washed, irrigation water is clean, and that animals stay out of fields. Food manufacturers will have to submit food safety plans to the government to show they are keeping their operations clean.


The long-overdue regulations could cost businesses close to half a billion dollars a year to implement, but are expected to reduce the estimated 3,000 deaths a year from foodborne illness. The new guidelines were announced Friday.


Just since last summer, outbreaks of listeria in cheese and salmonella in peanut butter, mangoes and cantaloupe have been linked to more than 400 illnesses and as many as seven deaths, according to the federal Centers for Disease Control and Prevention. The actual number of those sickened is likely much higher.


Many responsible food companies and farmers are already following the steps that the FDA would now require them to take. But officials say the requirements could have saved lives and prevented illnesses in several of the large-scale outbreaks that have hit the country in recent years.


In a 2011 outbreak of listeria in cantaloupe that claimed 33 lives, for example, FDA inspectors found pools of dirty water on the floor and old, dirty processing equipment at Jensen Farms in Colorado where the cantaloupes were grown. In a peanut butter outbreak this year linked to 42 salmonella illnesses, inspectors found samples of salmonella throughout Sunland Inc.'s peanut processing plant in New Mexico and multiple obvious safety problems, such as birds flying over uncovered trailers of peanuts and employees not washing their hands.


Under the new rules, companies would have to lay out plans for preventing those sorts of problems, monitor their own progress and explain to the FDA how they would correct them.


"The rules go very directly to preventing the types of outbreaks we have seen," said Michael Taylor, FDA's deputy commissioner for foods.


The FDA estimates the new rules could prevent almost 2 million illnesses annually, but it could be several years before the rules are actually preventing outbreaks. Taylor said it could take the agency another year to craft the rules after a four-month comment period, and farms would have at least two years to comply — meaning the farm rules are at least three years away from taking effect. Smaller farms would have even longer to comply.


The new rules, which come exactly two years to the day President Barack Obama's signed food safety legislation passed by Congress, were already delayed. The 2011 law required the agency to propose a first installment of the rules a year ago, but the Obama administration held them until after the election. Food safety advocates sued the administration to win their release.


The produce rule would mark the first time the FDA has had real authority to regulate food on farms. In an effort to stave off protests from farmers, the farm rules are tailored to apply only to certain fruits and vegetables that pose the greatest risk, like berries, melons, leafy greens and other foods that are usually eaten raw. A farm that produces green beans that will be canned and cooked, for example, would not be regulated.


Such flexibility, along with the growing realization that outbreaks are bad for business, has brought the produce industry and much of the rest of the food industry on board as Congress and FDA has worked to make food safer.


In a statement Friday, Pamela Bailey, president of the Grocery Manufacturers Association, which represents the country's biggest food companies, said the food safety law "can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal."


The new rules could cost large farms $30,000 a year, according to the FDA. The agency did not break down the costs for individual processing plants, but said the rules could cost manufacturers up to $475 million annually.


FDA Commissioner Margaret Hamburg said the success of the rules will also depend on how much money Congress gives the chronically underfunded agency to put them in place. "Resources remain an ongoing concern," she said.


The farm and manufacturing rules are only one part of the food safety law. The bill also authorized more surprise inspections by the FDA and gave the agency additional powers to shut down food facilities. In addition, the law required stricter standards on imported foods. The agency said it will soon propose other overdue rules to ensure that importers verify overseas food is safe and to improve food safety audits overseas.


Food safety advocates frustrated over the last year as the rules stalled praised the proposed action.


"The new law should transform the FDA from an agency that tracks down outbreaks after the fact, to an agency focused on preventing food contamination in the first place," said Caroline Smith DeWaal of the Center for Science in the Public Interest.


Read More..