Wall Street edges off five-year high, awaits earnings

NEW YORK (Reuters) - Stocks lost ground on Monday, as investors drew back from recent gains that lifted the S&P 500 to a five-year high, in anticipation of sluggish growth in corporate profits.

Shares of financial companies dipped after a group of major U.S. banks agreed to pay a total of $8.5 billion to end a government inquiry into faulty mortgage foreclosures. The KBW bank index <.bkx>, a gauge of U.S. bank stocks, was down 0.3 percent.

Other sectors were hit as well, most notably energy and utilities. The S&P 500 energy sector index <.gspe> fell 0.8 percent and the utilities sector <.gspu> was off 1.1 percent.

The day's decline came a session after the S&P 500 finished at a five-year high, boosted by a budget deal and strong economic data. The S&P 500 rose 4.6 percent last week, the best weekly gain in more than a year.

"It's a little bit of taking some risk off the table ahead of profit season, you're not going to see anything all that great" on earnings, said Larry Peruzzi, senior equity trader at Cabrera Capital Markets Inc in Boston.

Earnings are expected to be only slightly better than the third-quarter's lackluster results, and analysts' current estimates are down sharply from where they were in October. Fourth-quarter earnings growth is expected to come in at 2.8 percent, according to Thomson Reuters data.

Aluminum company Alcoa Inc begins the reporting season by announcing its results after Tuesday's market close. Alcoa shares fell 1.7 percent at $9.10.

The Dow Jones industrial average <.dji> dropped 50.92 points, or 0.38 percent, to 13,384.29. The Standard & Poor's 500 Index <.spx> fell 4.58 points, or 0.31 percent, to 1,461.89. The Nasdaq Composite Index <.ixic> lost 2.84 points, or 0.09 percent, to 3,098.81.

Ten mortgage servicers - including Bank of America , Citigroup , JPMorgan , and Wells Fargo - agreed on Monday to pay $8.5 billion to end a case-by-case review of foreclosures required by U.S. regulators.

In a separate case, Bank of America also announced roughly $11.6 billion of settlements with mortgage finance company Fannie Mae and a $1.8 billion sale of collection rights on home loans.

The bank also entered into agreements with Nationstar Mortgage Holdings and Walter Investment Management to sell about $306 billion of residential mortgage servicing rights.

Bank of America shares lost 0.2 percent at $12.09 while Nationstar Mortgage Holdings jumped 16.8 percent to $38.83.

Citigroup shares were up 0.09 percent to $42.47, and Wells Fargo shares fell 0.5 percent to $34.77.

"The financials probably have the wind behind them now with a lot of the regulations coming out ... the market has to absorb a lot of the gains, and for that reason there's a pullback from this level," said Warren West, principal at Greentree Brokerage Services in Philadelphia.

Shares of U.S. jet maker Boeing Co dropped 2 percent after a Boeing 787 Dreamliner aircraft with no passengers on board caught fire at Boston's Logan International Airport on Monday morning.

Amazon.com shares hit their highest price ever at $269.22 after Morgan Stanley raised is rating on the stock. Shares were up 3.6 percent at $268.46.

Video-streaming service Netflix Inc shares gained 3.4 percent to $99.20 after it said it will carry previous seasons of some popular shows produced by Time Warner's Warner Bros Television.

Walt Disney Co stock fell 2.3 percent to $50.97. The company 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.

Volume was lower than average, as 4.78 billion shares were traded on the New York Stock Exchange, NYSE MKT and Nasdaq. This is well below the 2012 average of 6.42 billion per session.

Declining stocks outnumbered advancing ones on the NYSE by 1,629 to 1,363, while on the Nasdaq decliners beat advancers 1,438 to 1,066.

(Reporting By Gabriel Debenedetti; Editing by Kenneth Barry and Nick Zieminski)

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Ad Blocking Raises Alarm Among Firms Like Google

PARIS — Xavier Niel, the French technology entrepreneur, has made a career of disrupting the status quo.

Now, he has dared to take on Google and other online advertisers in a battle that puts the Web companies under pressure to use the wealth generated by the ads to help pay for the network pipelines that deliver the content.

Mr. Niel’s telecommunications company, Free, which has an estimated 5.2 million Internet-access users in France, began last week to enable its customers to block Web advertising. The company is updating users’ software with an ad-blocking feature as the default setting.

That move has raised alarm among companies that, like Google, have based their entire business models on providing free content to consumers by festooning Web pages with paid advertisements. Although Google so far has kept largely silent about Free’s challenge, the reaction from the small Web operators who live and die by online ads has been vociferous.

No Internet access provider “has the right to decide in place of its citizens what they access or not on the Internet,” Spiil, an association of French online news publishers, said in a statement Friday.

The French government has stepped into the fray. On Monday Fleur Pellerin, the French minister for the digital economy, plans to convene a meeting of the feuding parties to seek a resolution.

Free’s shock to advertisers was widely seen as an attack on Google, and is part of the larger, global battle over the question of who should pay to deliver information on the Web — content providers or Internet service providers. An attempt to rewrite the rules failed at the December talks of the International Telecommunication Union in Dubai, after the United States and other nations objected to a proposal that, among other measures, would have required content providers to pay.

Mr. Niel declined to comment on Sunday, through a spokeswoman, Isabelle Audap.

But he has often complained that Google’s content, which includes the ever expanding YouTube video library, occupies too much of his network’s bandwidth, or carrying capacity. “The pipelines between Google and us are full at certain hours, and no one wants to take responsibility for adding capacity,” he said during an interview last year with the newsmagazine Nouvel Observateur. “It’s a classic problem that happens everywhere, but especially with Google.”

Analysts said that French regulators would probably not oppose an agreement between Free and Google aimed at smoothing traffic flows and improving the quality of the service, as long as competitors were not disadvantaged. But they said regulators would probably not allow an Internet access provider to unilaterally block content.

When it comes to blocking ads, though, disgruntled consumers do not have to rely on their Internet service providers. Consumers already have the option of downloading software like Adblock Plus to do the job for them.

Free is the second-largest Internet access provider in France, behind Orange, which is operated by France Telecom and has 9.8 million Internet customers. Because Free seeks to be a low-cost competitor, the company may feel itself particularly vulnerable to the expense of providing capacity to meet Internet users’ ever-growing demand for streaming and downloading videos, music and the like.

Ms. Pellerin, the digital economy minister, expressed sympathy for Free’s position in an interview with Le Figaro, published Saturday. “There are today real questions about the sharing of value between the content providers — notably in video, which uses a lot of bandwidth — and the operators,” she said.

“In France, and in Europe,” Ms. Pellerin added, “we have to find more consensual ways of integrating the giants of the Internet into national ecosystems.” And in a subsequent Twitter message, she said she was “no fan of intrusive advertising, but favorable to a solution of no opt-out by default.”

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“Ubuntu for Phones” Turns Smartphones into Desktop PCs

Millions of people have tried out Ubuntu, a free operating system for desktop and notebook PCs. Like Android, Ubuntu is open-source and based on Linux, and while it’s mostly seen as an OS for hobbyists here in the U.S., hardware manufacturers like Dell and HP make Ubuntu PCs for markets like mainland China.

Now Canonical, the startup which drives Ubuntu’s partly community-based development, has announced a version of Ubuntu that’s made for smartphones. The company previously showed off an experimental version of desktop Ubuntu that hobbyists could install on their Nexus 7 tablets. But the version Canonical demoed Wednesday was tailor-made for smartphones.

What makes Ubuntu different?

The smartphone version of Ubuntu bears little resemblance to the desktop version, aside from its graphical style. Its interface is based around gestures and swipes; instead of a back button, for instance, you swipe from the right-hand edge of the screen to return to a previous app. Swiping up from the bottom, meanwhile, reveals an app’s menu, which remains off-screen until then.

Tech expect John Gruber was critical of the Ubuntu phone interface, noting that “gestures are the touchscreen equivalent of keyboard shortcuts” because they need to be explained to someone before they can use them. The Ubuntu phone site itself calls the experience “immersive,” because it allows more room for the apps themselves.

What will Ubuntu fans recognize?

First, the apps. The same Ubuntu apps which are currently available in the Software Center (Ubuntu’s equivalent of the App Store) will run on an Ubuntu phone, provided the developers write new screens designed for phones — much less work than writing a new app from scratch. Ubuntu web apps, already integrated into its version of Firefox, will also work in the phone version.

Second, the dash and the app launcher. Ubuntu’s universal search feature is easily accessible, and swiping in partway from the left edge of the screen reveals the familiar row of app icons.

What unique features does it have over other smartphone OSes?

Besides the gesture-based design, higher-end Ubuntu smartphones will be able to plug into an HDTV or monitor, and become a complete Ubuntu desktop PC. Just add a keyboard and mouse. This feature was originally announced for Android smartphones (using advertising which insults grandmothers), and Android phones featuring Ubuntu are expected before full Ubuntu phones launch.

When will it be available?

Ubuntu phones (not just Android phones with Ubuntu included) are expected to be on shelves starting in 2014. In a few weeks, however, Canonical will have a version available that you can put on your own Galaxy Nexus smartphone to try it out.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.
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Jordana Brewster Is 'Enamored' with the Idea of Having Twins

01/06/2013 at 05:00 PM EST

Jordana Brewster has babies on the brain – yes, you read that right: plural.

The Dallas star, 32, who has been married to movie producer Andrew Form since 2007, tells Latina she "definitely" wants two kids and is "enamored" by the idea of having twins.

"My dad was a twin, so it runs in the family," she explains. "Fingers crossed. We're thinking about having kids but I don't know when it'll happen. I feel very ready now."

When the couple does eventually expand their family, the children will be raised in a loving home.

"We FaceTime all of the time," Brewster says, of keeping the romance alive long distance. "We love that. There are times when I just say, 'I need to see you now.' And so we FaceTime a lot, or I surprise him and visit him or he does the same. It's super important … Couples shouldn't be apart for too long. We've been married for five years now and we know how important that is because otherwise you just lose touch with each other."

A big part of their bond has come from the way Form inspires his wife on a professional level.

"It's so amazing to have a husband in the business who can challenge me and we can talk about his work and my work and understand each other in that way," Brewster says. "I love getting his feedback and he likes getting mine. And of course, that has pushed me more to consider producing in the future."

And she's not just talking about babies!

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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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Asian shares slip, Basel ruling supports banks

SINGAPORE (Reuters) - Asian stocks drifted down on Monday as investors booked profits from a New Year rally that had pushed markets to multi-month highs, although financial stocks gained after global regulators decided to relax draft plans for tough new bank liquidity rules.

Commodity prices mostly held steady, supported by data showing the U.S. economy continuing on a path of slow but steady recovery that propelled Wall Street stocks to a five-year high.

Financial bookmakers called Europe's main share indexes to open flat or slightly lower, while S&P 500 index futures traded in Asia eased 0.2 percent, pointing to a weaker start in New York.

"It just seems like markets are entering a consolidation phase after recent gains and with most markets trading at fresh 12-month highs," said Stan Shamu, market strategist at financial spreadbetting firm IG in Melbourne.

The dollar fell against the yen, coming off a two-and-a-half year peak it had logged against the Japanese currency as investors adjusted to the possibility of more monetary stimulus in 2013 from the Bank of Japan and less from the U.S. Federal Reserve.

MSCI's broadest index of Asia Pacific shares outside Japan <.miapj0000pus>, which had reached its highest level since August 2011 on Thursday, eased 0.1 percent, while Tokyo's Nikkei share average <.n225> retreated after touching a 23-month high in early trade to close down 0.8 percent. <.t/>

CASH BUFFERS

The MSCI benchmark's financial sector sub-index <.miapjfn00pus> firmed after the Basel Committee of banking supervisors agreed on Sunday to give banks four more years and greater flexibility to build up cash buffers so they can use some of their reserves to help struggling economies.

HSBC Holdings Hong Kong shares rose 1 percent, while Australia and New Zealand Banking Group Ltd gained 0.6 percent. <.hk><.ax/>

Shares in Japanese exporters were supported by the trend of a weakening yen, which traded around 87.85 to the dollar, up 0.3 percent on the day, after the U.S. currency rose as far as 88.40 yen, its highest in nearly two-and-a-half years, on Friday.

The dollar posted a gain of around 2.7 percent against the yen last week, its biggest weekly rise in more than a year. Its gains had accelerated after minutes from the Federal Reserve's December meeting showed some policymakers had considered ending the Fed's bond-buying program as early as this year.

By contrast, many investors are now betting that Japan's new government, led by Prime Minister Shinzo Abe, will push to weaken the yen and drive through aggressive fiscal stimulus, and pressure the Bank of Japan to do the same on the monetary side.

Although the dollar may pull back against the yen given the speed of its rise over the past month, its uptrend seems likely to remain intact, said Hiroshi Maeba, head of FX trading Japan for UBS in Tokyo.

"My sense is that the market could still head much higher," Maeba said. "I think 90 yen might be reached pretty soon."

The dollar firmed against the euro, which traded around $1.3035.

The U.S. stock benchmark S&P 500 index <.spx> closed at its highest level since December 2007 on Friday after data showed a steady pace of jobs growth and brisk expansion of the services sector in the world's biggest economy.

That offered support to growth-sensitive commodities, with copper little changed just below $8,100 a tonne, while Brent crude oil eased a little to around $111.20.

Spot gold firmed 0.3 percent to around $1,660 an ounce.

(Additional reporting by Masayuki Kitano; Editing by Eric Meijer)

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As Putin’s Grip Gets Tighter, a Time of Protest Fades in Russia

MOSCOW — As the final days of 2012 slipped away, no one at Denis Terekhov’s company was talking about the next antigovernment protest.

Compared with the same time last year — when Mr. Terekhov delivered an impromptu lecture on avoiding police detention — Moscow feels like Moscow again. Profits at this marketing firm have tripled, the corporate holiday party featured cocktails in an unnatural shade of blue, and his “office plankton,” as the city’s legion of desk workers are sometimes known, scattered to vacations as far as Bali and Paris.

Mr. Terekhov, who watched his employees as last year’s protests surged and ebbed, says it is now clear that they took part because it was fashionable, nothing more. They felt strongly about the anti-Putin rallies, he said, but “they also feel strong emotions about their iPhones.”

Still, judging from this group, it would be wrong to say nothing changed in the year that Vladimir V. Putin returned to the presidency. The fizzy excitement around last year’s street activism is entirely gone. But in its place is a deepening sense of alienation that poses its own long-term risk to the system.

Discussion of political activism in this office, an Internet marketing and communications firm called Social Networks Agency, is now coated with a rime of disappointment, as if a rare opportunity had been allowed to slip away. During the trial of the punk rock band Pussy Riot this past summer, Mr. Terekhov set aside one office as a screening room, where employees could watch a live stream of testimony with, as he put it, “laughter through tears.”

A space has been left by Pasha Elizarov, a project manager and opposition activist, who resigned and left Russia after investigators summoned him in connection with an inquiry into inciting a riot. He sent in his holiday greetings from Tanzania.

Their story is the story of a political season. Mr. Putin reclaimed the presidency last year in the face of unprecedented public opposition from people like these, young urban trendsetters who stepped in from the sidelines of politics to tell him his return was not welcome. The Kremlin acted to stop the protests; new laws prescribe draconian punishments for acts of dissent, and the courts have imprisoned a small number of activists. Mr. Putin and those around him have embraced a new, sharply conservative rhetoric, dismissing the urban protesters as traitors and blasphemers, enemies of Russia.

Last year’s protesters, who held out hope that Dmitri A. Medvedev would advance their agenda, are acutely aware that they are seen as outsiders. Irina Lukyanovich, 24, a copy editor who recently left the firm, said her peers were watching Russia’s leaders more closely now, and judging them more severely.

“It’s as if they are people from another planet,” Ms. Lukyanovich said. “It seems to me that in a year, the distance between them and us has gotten much greater.”

Yulia Fotchenko, an account director, sighed heavily when reminded of the elation she felt a year ago, when she stepped into the first large rally and her “consciousness was turned upside down.”

How does she feel now? Insulted, disappointed. As if nothing in Russia will change. She blames the protest leaders, who she said proved so unable to capitalize on the moment that the crowds will never trust them again. As for the sudden sense of community she felt, it proved fleeting.

“Suddenly we — a huge number of Internet hamsters — we decided that we had had enough, we got together and we went out,” Ms. Fotchenko said, using a slang term for Moscow’s digitally connected youth. “And then, whoops! We turned back into Internet hamsters, the leaders and all the rest of us. Because nothing happened.

“And now I feel despair which is even stronger, deeper, worse than it was before we began these actions,” she said.

Mr. Terekhov, 33, had been skeptical of the protests from the beginning, in part because he was left discouraged by his own brief career in opposition politics. A year ago, he made a point of warning his employees that by protesting they were facing serious risks, like riot police officers with truncheons. They needed to realize, he said, that “revolution is not a game.”

The risks went beyond truncheons, it turned out. On a Sunday evening in September, Mr. Terekhov received an e-mail from Mr. Elizarov, 27, the single high-profile political activist among his employees. Mr. Elizarov said he was resigning from his position as a project manager and was leaving Russia.

He had been summoned in a political prosecution, one that has been used to cast the protesters as dangerous radicals. So far, 19 people have been charged in the case dating to May 6, when a large anti-Putin march ended in a melee between the police and protesters. The only one to be sentenced, a man who inflicted no serious injury and cooperated with prosecutors, received four and a half years.

Investigators looked for Mr. Elizarov at home, and they then began to visit his relatives, one by one.

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Cricket-Herath alive and bowling despite death rumours

SYDNEY, Jan 5 (Reuters) – As Mark Twain might have said, rumours 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 rumours.

“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 unneccessarily.

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)

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Bethenny Frankel Divorcing Jason Hoppy

By Sarah Michaud

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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