Letter From Washington: U.S. Fiscal Talks Made No One Look Good







WASHINGTON — A grand fiscal bargain, with perhaps $2 trillion more in deficit reduction over 10 years — more than a quarter of which would be additional revenue, with much of the rest obtained through well-crafted, significant cutbacks in big-ticket entitlements — could have been a win-win for Republicans and Democrats.




Along with terminating the high-end Bush tax cuts, this would have earned lawmakers public approbation for working together and given investor and business confidence a boost.


The corollary is the small-bore deal cobbled together to avoid the so-called fiscal cliff, which may be a lose-lose for both sides. Defying political physics, the White House and congressional Republicans emerged politically weaker and facing more trouble ahead.


President Barack Obama, who Republicans acknowledged had all the leverage in the latest round, could have hung tough and persevered with one goal: the bigger deal. Indisputably, Democrats got much more than Republicans. Yet even with this unusual leverage — without a deal, taxes would have increased for everyone — the Democrats got only about 60 percent of what the House speaker, John A. Boehner, had once been willing to give on taxes.


Republicans reinforced their image as protectors of the privileged. In the House of Representatives, which they control, they displayed dysfunction remarkable even by Washington standards. With bigger fights ahead over the debt ceiling and indiscriminate across-the-board spending cuts, the problems outweigh the possibilities for both sides.


The estate tax epitomizes this state of affairs. It is assessed on fewer than 1 percent of the wealthiest estates. Michael J. Graetz, a former Treasury official in the administration of President George H.W. Bush who has written a book on the subject, says that with huge deficits and worsening income inequality, “it is amazing that our political system cannot maintain an estate tax that contributes less than 1 percent of federal revenues from those Americans best able to afford it.”


Lawrence H. Summers, a former Treasury secretary, once observed, “There is no case other than selfishness” for cutting the estate tax.


There are legitimate debates about the effect on economic growth of tax rates on capital gains, dividends or corporate income. It’s tough to find a serious economist who makes that case for the estate tax; years ago, the conservative economist Irwin M. Stelzer described a low tax as “affirmative action” for wealthy heirs.


Still, reducing or eliminating the estate tax was a top priority for Republicans in this latest round. The White House essentially caved to a measure that will cost about $100 billion over 10 years and will benefit fewer than 5,000 wealthy estates.


In the 2010 year-end tax-cut deal, the Obama administration insisted on extending the refundable tax credits for the poor; resistant Republicans said they would go along only if the White House accepted two years of lower estate-tax rates. Agreed. This time, however, the refundable credits for the poor were extended only temporarily, while the more generous estate-tax provision is permanent.


The political appeal here is to reward big campaign contributors; that matters to Democrats as well as Republicans. When Vice President Joseph R. Biden Jr., in the private bargaining, argued for a tougher provision, the Senate Republican leader, Mitch McConnell, asked that it be put to a vote. The vice president knew that Democrats like Senators Max Baucus of Montana and Mary Landrieu of Louisiana would side with the rich heirs.


Lawmakers are braced for a tougher battle in the next two months over the debt ceiling and across-the-board spending cuts that neither side likes. Republicans contend that, unlike with the fiscal cliff — the package of tax increases and spending cuts that had been set to take effect with the new year — this time they have the leverage to force the president to accept big spending cuts, particularly of big-ticket entitlements.


House Republicans insist on the “Boehner rule,” that any increase in the debt ceiling be matched by a comparable reduction in spending. That isn’t realistic: The debt ceiling will have to be increased by almost $2 trillion over the next two years, and spending cuts of that order would be politically and economically disastrous. The speaker’s ability to maneuver may be limited, though. On the fiscal deal, his own majority leader and whip deserted him, as did seven current committee chairmen and almost two-thirds of his caucus.


Tougher still is the substance. House Republicans are all for big spending cuts, though other than some easy ones, including going after programs for the poor, they duck specifics.


They are fierce deficit hawks in principle, yet when specific cuts to Medicare, a health insurance program for the elderly, or Social Security, a retirement fund, are raised, they turn into pacifists.


And the president, who wouldn’t play for keeps when he had the leverage, vows this time will be different. He won’t negotiate over the debt ceiling; that would be tantamount, he proclaims, to negotiating with terrorists.


Mr. Obama demands that any spending cuts be accompanied by revenue increases.


He correctly notes that there already has been more than twice as much in spending cuts as in tax increases and that any subsequent action that involves only cuts would run counter to the recommendations of bipartisan panels like the 2010 commission headed by Alan K. Simpson, a former Republican senator, and Erskine Bowles, a former White House chief of staff under Bill Clinton. Republicans dismiss that as a nonstarter.


The bottom lines: The White House believes Republican leaders privately realize that holding the nation’s full faith and credit hostage to cutting popular programs is a loser. Congressional Republicans dismiss Mr. Obama’s lines in the sand, saying that he invariably backs down and that any economic fallout ultimately hurts his presidency.


Both points are persuasive.


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RIM unveils a new BlackBerry phone! (But it’s only a Curve for T-Mobile running BlackBerry 7)






Research In Motion (RIMM) on Thursday took the wraps off a brand new BlackBerry smartphone — but it’s not the kind of smartphone BlackBerry fans have been waiting more than a year for. Instead, it’s a low-end BlackBerry Curve 9315 that will launch later this month on T-Mobile. The phone features the BlackBerry 7.1 operating system, a 3.2-megapixel camera, microSD memory expansion and a full QWERTY keyboard, and it will launch on January 23rd… just seven days before RIM unveils its first BlackBerry 10 phones. Pre-sales for the Curve 9315 begin on January 16th and the phone will cost $ 49.99 out of pocket plus a $ 10 payment each month as part of Equipment Installment Plan. T-Mobile’s full press release follows below.


[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]







BlackBerry Curve 9315 Smartphone Introduced By T-Mobile and RIM


[More from BGR: RIM teases BlackBerry 10 launch with image of first BB10 smartphone]


T-Mobile’s most affordable BlackBerry smartphone provides productivity tools and features to keep customers connected


BELLEVUE, Wash. and WATERLOO, ON – Jan. 3, 2013 – T-Mobile USA, Inc. and Research In Motion (RIM) (NASDAQ: RIMM; TSX: RIM) today announced the most affordable BlackBerry® smartphone on T-Mobile’s nationwide network – the BlackBerry® Curve 9315. Powered by the BlackBerry® 7.1 operating system with 3G connectivity, the sleek new smartphone is easy-to-use and provides tools that enable customers to stay connected to the people and information that matter most.


“At T-Mobile, our goal is to delight customers. The new BlackBerry Curve 9315 will delight customers with unprecedented value while also allowing them to combine their mobile business and personal use in one great device,” said Brad Duea, senior vice president of product management at T-Mobile. “The Curve 9315 is the most affordable BlackBerry smartphone on our nationwide network and provides our customers with a wide variety of productivity and social features to keep them connected and make their mobile lives easier.”


“We’re pleased to work with T-Mobile to bring the BlackBerry Curve 9315 to customers,” said Richard Piasentin, managing director for the U.S. at Research In Motion. “The Curve 9315 is designed to make it incredibly easy to stay connected with friends, family and coworkers and will be popular with customers upgrading to a smartphone for the first time, as well as existing Curve customers looking for a step up in speed and functionality.”


Combining an intuitive interface with a QWERTY keyboard, the BlackBerry Curve 9315 features built-in Wi-Fi® connectivity for voice and data, enabling customers to access the information they need when and where they need it, and Wi-Fi calling, allowing calls and messages over an available Wi-Fi network. With a dedicated BlackBerry® Messenger (BBM™) key, preloaded apps for Facebook® and Twitter® and the Social Feeds 2.0 app, customers can easily interact with their friends, coworkers and social networks whether it’s instant messaging, posting or tweeting.


The new BlackBerry Curve 9315 offers a 3.2-megapixel camera with LED flash and digital zoom as well as video recording capabilities. Customers also have the ability to geo-tag the location of their pictures by utilizing the smartphone’s built-in GPS. In addition, the smartphone features a microSD card slot for up to 32GB of additional media storage and a built-in FM radio letting customers tune in to local FM stations. With the BlackBerry App World™ storefront, customers have exclusive access to a wide range of apps, allowing them to enhance their smartphone experience with entertainment, personalization and productivity apps of their choosing.


The BlackBerry Curve 9315 will be available in an exclusive pre-sale for T-Mobile business customers beginning January 16 and is expected to be available in T-Mobile retail stores, via http://www.T-Mobile.com, and with select dealers and national retailers beginning January 23, 2013. For well-qualified customers, the Curve 9315 will require a $ 49.99 out-of-pocket down payment and 20 equal monthly payments of $ 10 per month via T-Mobile’s Equipment Installment Plan (EIP)1, with a two-year service agreement and qualifying T-Mobile Value voice and data plan. Customers may also purchase the Curve 9315 for $ 49.99 after a $ 50 mail-in rebate card, with a two-year service agreement and qualifying T-Mobile Classic voice and data plan.2



This article was originally published by BGR


Gadgets News Headlines – Yahoo! News




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Lady Mary Set to Wed as Third Season of Downton Abbey Premieres (Photo)















01/06/2013 at 11:00 AM EST







Lady Mary (Michelle Dockery) on her wedding day from Downton Abbey season 3


Carnival Films and Television Limited for Masterpiece


It looks like Lady Mary will finally make a fetching and stylish bride.

New photos posted by EW.com show Mary in her wedding gown as she is set to marry distant cousin – and heir to the family's fortune – Matthew Crawley (Dan Stevens) in the third season of Downton Abbey, which returns to American television on Sunday night (9 p.m. ET) on PBS.

The show's costume designer, Caroline McCall, went all out for the bride's period wedding ensemble, making it what EW says is the show's most expensive outfit to date. A vintage veil will be anchored on Mary's head by a 45-carat floral diamond tiara, valued at $200,000, from U.K. jeweler Bentley & Skinner.

"I wanted her wedding dress to have a bit of softness," said McCall. "I wanted her to look really romantic, really elegant."

The crème long-sleeved wedding gown features rice pearls and Swarovski crystals, and took eight-weeks to create. Mary, played by British actress Michelle Dockery, carries a presentation bouquet of white Calla lilies to complete her nuptial look.

Season 3 will also feature Shirley MacLaine, who plays Lady Cora's mother Martha Levinson and arrives from America to add a bit of Yankee spark to the cast.

The show has been nominated for a Golden Globe award for outstanding performance by an ensemble in a drama series.

Lady Mary Set to Wed as Third Season of Downton Abbey Premieres (Photo)| Weddings, Downton Abbey, Downton Abbey, TV News, Dan Stevens, Elizabeth McGovern, Michelle Dockery

From left: Lady Mary (Michelle Dockery), Lady Grantham (Elizabeth McGovern), Lady Edith (Laura Carmichael) and Lady Sybil (Jessica Brown-Findlay)

Carnival Films and Television Limited for Masterpiece

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Your medical chart could include exercise minutes


CHICAGO (AP) — Roll up a sleeve for the blood pressure cuff. Stick out a wrist for the pulse-taking. Lift your tongue for the thermometer. Report how many minutes you are active or getting exercise.


Wait, what?


If the last item isn't part of the usual drill at your doctor's office, a movement is afoot to change that. One recent national survey indicated only a third of Americans said their doctors asked about or prescribed physical activity.


Kaiser Permanente, one of the nation's largest nonprofit health insurance plans, made a big push a few years ago to get its southern California doctors to ask patients about exercise. Since then, Kaiser has expanded the program across California and to several other states. Now almost 9 million patients are asked at every visit, and some other medical systems are doing it, too.


Here's how it works: During any routine check of vital signs, a nurse or medical assistant asks how many days a week the patient exercises and for how long. The number of minutes per week is posted along with other vitals at the top the medical chart. So it's among the first things the doctor sees.


"All we ask our physicians to do is to make a comment on it, like, 'Hey, good job,' or 'I noticed today that your blood pressure is too high and you're not doing any exercise. There's a connection there. We really need to start you walking 30 minutes a day,'" said Dr. Robert Sallis, a Kaiser family doctor. He hatched the vital sign idea as part of a larger initiative by doctors groups.


He said Kaiser doctors generally prescribe exercise first, instead of medication, and for many patients who follow through that's often all it takes.


It's a challenge to make progress. A study looking at the first year of Kaiser's effort showed more than a third of patients said they never exercise.


Sallis said some patients may not be aware that research shows physical inactivity is riskier than high blood pressure, obesity and other health risks people know they should avoid. As recently as November a government-led study concluded that people who routinely exercise live longer than others, even if they're overweight.


Zendi Solano, who works for Kaiser as a research assistant in Pasadena, Calif., says she always knew exercise was a good thing. But until about a year ago, when her Kaiser doctor started routinely measuring it, she "really didn't take it seriously."


She was obese, and in a family of diabetics, had elevated blood sugar. She sometimes did push-ups and other strength training but not anything very sustained or strenuous.


Solano, 34, decided to take up running and after a couple of months she was doing three miles. Then she began training for a half marathon — and ran that 13-mile race in May in less than three hours. She formed a running club with co-workers and now runs several miles a week. She also started eating smaller portions and buying more fruits and vegetables.


She is still overweight but has lost 30 pounds and her blood sugar is normal.


Her doctor praised the improvement at her last physical in June and Solano says the routine exercise checks are "a great reminder."


Kaiser began the program about three years ago after 2008 government guidelines recommended at least 2 1/2 hours of moderately vigorous exercise each week. That includes brisk walking, cycling, lawn-mowing — anything that gets you breathing a little harder than normal for at least 10 minutes at a time.


A recently published study of nearly 2 million people in Kaiser's southern California network found that less than a third met physical activity guidelines during the program's first year ending in March 2011. That's worse than results from national studies. But promoters of the vital signs effort think Kaiser's numbers are more realistic because people are more likely to tell their own doctors the truth.


Dr. Elizabeth Joy of Salt Lake City has created a nearly identical program and she expects 300 physicians in her Intermountain Healthcare network to be involved early this year.


"There are some real opportunities there to kind of shift patients' expectations about the value of physical activity on health," Joy said.


NorthShore University HealthSystem in Chicago's northern suburbs plans to start an exercise vital sign program this month, eventually involving about 200 primary care doctors.


Dr. Carrie Jaworski, a NorthShore family and sports medicine specialist, already asks patients about exercise. She said some of her diabetic patients have been able to cut back on their medicines after getting active.


Dr. William Dietz, an obesity expert who retired last year from the Centers for Disease Control and Prevention, said measuring a patient's exercise regardless of method is essential, but that "naming it as a vital sign kind of elevates it."


Figuring out how to get people to be more active is the important next step, he said, and could have a big effect in reducing medical costs.


___


Online:


Exercise: http://1.usa.gov/b6AkMa


___


AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner


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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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Greece Tax Scandal Shifts Focus From Collection Problem





The tax scandal that reignited in Greece over the holidays had all the makings of a grade-B drama. A former finance minister, George Papaconstantinou, was accused of scrubbing his relatives’ names from a CD containing the identities of thousands of possible Greek tax dodgers. Within hours, his chief political rival tossed him from their party.







Thanassis Stavrakis/Associated Press

George Papaconstantinou, a former finance minister, was accused of scrubbing relatives’ names from a CD with the identities of possible tax dodgers.






Mr. Papaconstantinou, in turn, hinted darkly that he was the victim of a plot masking malfeasance at higher levels.


While the firestorm may have made for political theater of a sort, it has diverted attention from a much bigger problem: Greece, its foreign lenders say, has fallen woefully short of its tax collection targets and is still not moving hard enough to tackle widespread tax evasion — long tolerated, particularly among the country’s richest citizens.


Greek officials agreed to the targets as part of an international lending pact last year, but there is no penalty for missing them. In recent weeks, however, two reports by Greece’s foreign lenders have found that Athens pulled in less than half of the additional tax income that it expected last year and performed fewer than half of the expected audits.


One report said that Athens had brought in a little less than $1.3 billion in additional taxes of the $2.6 billion it had hoped to collect in 2012. Only 88 major taxpayers, including corporations, were the subject of full-scope audits, well below a target of 300, the report said, while just 467 audits of high-wealth individuals were completed, compared with a goal of 1,300.


The fragile, three-party coalition government of Prime Minister Antonis Samaras continues to vow it will crack down on corruption and tax evasion, but a blunt assessment last month by a task force of Greece’s foreign lenders said, “These changes have not yet been reflected in results in terms of improved tax inspection and collection.” Analysts say the failure to pursue tax evaders aggressively is deepening social tensions. “It’s a weak government with very difficult work to do, and this is very, very bad for the morale of the people,” said Nikos Xydakis, a political columnist for Kathimerini, a daily newspaper. “This year will be hell for the middle-class people. And the rich people are untouchable. This is very bad.”


In a separate report, the European Union and the International Monetary Fund said they were concerned that the “authorities are falling idle and that the drive to fight tax evasion by the very wealthy and the free professions is at risk of weakening.”


The report added that total unpaid taxes amounted to nearly $70 billion, about 25 percent of Greece’s gross domestic product. But only about 15 percent to 20 percent of the amount is actually collectible, either because the statute of limitations has run out or the scofflaws do not have the money.


It pressed Greece to focus on the cases most likely to produce real revenues, especially in vocations where tax evasion has become pernicious. “Doctors and lawyers are a good place to start,” it said.


Critics, especially the leftist party Syriza, which leads in opinion polls, say the government has not done enough to stop corruption because its members are tied to the country’s business elite and do not want to jeopardize their political careers.


“The problem is not simply tax evasion among the rich,” said Zoe Konstantopoulou, a member of Parliament from Syriza who serves on a panel investigating the so-called Lagarde list, a compilation of more than 2,000 Greeks with accounts in a Swiss branch of HSBC that had been sent to Mr. Papaconstantinou in 2010 by Christine Lagarde, then the finance minister of France. “The problem is tax evasion among the rich with the complicity and the aiding and abetting of those who govern.”


While Greece received a badly needed $45 billion in aid last month to help it avoid defaulting on its debts, critics say that unless Athens can more forcefully tap the billions it is owed in taxes, it will never pay off its debts, even if its moribund economy eventually starts to recover.


A dysfunctional bureaucracy weakened by budget cuts, two destabilizing rounds of elections last spring and an economy decimated by austerity have hampered tax collections further. But a thicket of regulations and a culture of resistance also fuel a shadow economy that includes an estimated 25 percent of economic activity.


Liz Alderman reported from Paris, and Rachel Donadio from Rome. Niki Kitsantonis contributed reporting from Athens.



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A+E Networks and Amazon Prime Reach Licensing Deal






LOS ANGELES (TheWrap.com) – “Pawn Stars” fans, rejoice; you’ll now be able to catch Big Hoss and Chumley on Amazon Prime.


Amazon announced Friday that it has struck a licensing deal with A+E Networks to carry A&E, bio, History and Lifetime programs on its premium Prime Instant Video service. The deal includes prior seasons of programs such as “Pawn Stars,” “Storage Wars” and “Dance Moms.”






Amazon Prime, which allows subscribers to stream videos through a variety of gadgets, costs $ 79 a year.


The pact between Amazon and A+E Networks comes a few months after rival streaming service Netflix decided to drop all but about 300 hours of A+E programming. Netflix, which had been seeking exclusivity from A+E for its content, opted not to renew its agreement with the company.


Brad Beale, Amazon’s director of digital video content acquisition, said that Amazon has more than doubled the amount of content for Amazon Prime customers.


“We remain focused on adding TV episodes and movies to Prime Instant Video that we think our customers will enjoy,” Beale said. “A+E Networks has some of the most popular shows on television and we know our customers will love streaming the A+E content with Prime Instant Video.”


Gadgets News Headlines – Yahoo! News





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PHOTO: Check Out Jessica Simpson's Daring Dinner Wear




Celebrity Baby Blog





01/04/2013 at 03:00 PM ET



Jessica Simpson - Curves Ahead
FameFlynet


Blonde bombshell!


An expectant Jessica Simpson shows off her assets as she leaves a restaurant Thursday evening in Oahu, Hawaii, where she’s currently vacationing with her fiancé Eric Johnson and their 8-month-old daughter Maxwell Drew.


“I find myself going for more sophisticated looks, but I do think that’s kind of trendy right now — just a classier-looking woman,” the Fashion Star mentor, 32, tells PEOPLE of her recent style choices.


“I love to show off my curves, but being a mom, I guess I do it in a little bit more classy way, even though for Halloween I was a milkmaid – but there are moments.”


RELATED: Jessica Simpson Reveals Her Baby Bump


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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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Wall Street mixed following jobs, ISM data reports

NEW YORK (Reuters) - Stocks firmed on Friday after a jobs report showed the pace of hiring met expectations by easing slightly in December, but gave indications of momentum in the labor market recovery.


The market also reacted modestly to data from the Institute for Supply Management, which showed the U.S. service sector grew at its fastest pace in 10 months in December, boosted by a rise in new orders.


"The jobs number today was somewhat benign, it was pretty close to what estimates were, so there wasn't much to draw out volatility from that report," said Gordon Charlop, managing director at Rosenblatt Securities in New York.


"I get the sense we're just sort of going to digest the events of earlier this week," he said, referring to the "fiscal cliff" deal in Washington that averted a possible recession.


The S&P saw its largest gain in over a year to start 2013 on Wednesday, following the agreement struck late Tuesday.


The Labor Department said payrolls outside the farming sector grew 155,000 last month, slightly below November's level. Gains in employment were distributed broadly throughout the economy, from manufacturing and construction to healthcare.


Shares of Apple Inc dropped 2.9 percent to $526.20, continuing its downward path of recent months and pressuring the Nasdaq.


Adding to concerns about the iPhone maker's ability to produce more innovative products going forward, rival Samsung Electronics Co Ltd is expected to widen its lead over Apple in global smartphone sales this year with 35 percent growth, propped up by a broad product lineup, according to market researcher Strategy Analytics.


The Dow Jones industrial average <.dji> was up 3.99 points, or 0.03 percent, at 13,395.35. The Standard & Poor's 500 Index <.spx> gained 2.38 points, or 0.16 percent, at 1,461.75. The Nasdaq Composite Index <.ixic> dropped 3.47 points, or 0.11 percent, at 3,097.10.


New orders received by U.S. factories were flat in November, missing expectations as demand for aircraft sank sharply, although a gauge of business spending plans gave a positive sign for the economy.


The lackluster economic growth indicated by the jobs data did not make a dent in the still-high U.S. unemployment rate, but it calmed fears about the possibility of the U.S. Federal Reserve ending its highly stimulative monetary policy.


Concerns about the endurance of the Fed's stimulus program prompted investors to pull back from the market Thursday after a two-day rally.


Minutes from the Fed's December policy meeting, released Thursday, showed Fed officials were increasingly worried about the risks of asset purchases to financial markets, though they looked set to continue with the open-ended stimulus program for now.


Some policymakers thought asset buying should be slowed or stopped before the end of 2013 while others highlighted the need for further stimulus. The Fed's policy of easy credit has helped push the S&P 500 to a 13.4 percent gain in 2012. Ending that policy would remove an incentive for investors to purchase riskier assets like stocks.


The S&P Energy sector index <.gspe> rose again, up 0.7 percent, led by a 3.5 percent gain in shares of Chesapeake Energy .


Eli Lilly and Co stock rose 3.9 percent to $51.68 after the pharmaceuticals maker said it expects its 2013 earnings to increase to $3.75 to $3.90 per share excluding items from $3.30 to $3.40 per share in 2012.


Shares of Mosaic Co gained 2.6 percent to $58.25 on the fertilizer producer's announcement that its quarterly operating profit fell 30 percent as international distributors delayed buying potash and phosphate to avert the price risk associated with the company's negotiations with China and India.


(Additional reporting by Angela Moon; Editing by Bernadette Baum and Nick Zieminski)



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