Asian shares drift, Basel ruling supports banks

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


Commodity prices mostly held firm, 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.


The dollar sat close to a two-and-a-half-year high against the yen 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, was flat, while Tokyo's Nikkei share average <.n225> retreated after touching a 23-month high in early trade to stand down 0.2 percent. <.t/>


"Investors have been carefully waiting for the timing to take profits as they believed the market can't keep rising," said Yutaka Miura, a senior technical analyst at Mizuho Securities.


CASH BUFFERS


The MSCI benchmark's financial sector sub-index <.miapjfn00pus> gained 0.5 percent 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 1.3 percent, while Australia and New Zealand Banking Corp gained 0.6 percent. <.hk><.ax/>


Shares in Japanese exporters were supported by a weaker yen, which traded around 88.05 to the dollar, a little firmer 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 has mulled 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.


The dollar ticked up slightly against the euro, which traded around $1.3060.


The U.S. 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 edging up 0.2 percent to around $8,100 a tonne, while Brent crude oil gained 0.2 percent to around $111.50 a barrel and U.S. crude stood flat just above $93.


(Editing by Eric Meijer)



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Hundreds in Peru Balk at Relocating From Copper Mine Site




Relocation in the Andes:
Perched in the Peruvian Andes is a new town built by a Chinese mining company in which 5,000 people will be relocated.







MOROCOCHA, Peru — High among barren peaks, a Chinese mining company has built the Levittown of the Andes. Long rows of identical attached houses face each other across wide, straight streets, one-third of them still waiting for people to walk through their varnished pine doors and make homes under their slanted red roofs.




The company, Chinalco, which is owned by the Chinese government, built the new town to relocate more than 5,000 people living in nearby Morococha, a century-old mining village. The company plans to demolish Morococha to make way for an enormous open-pit copper mine.


Chinalco has moved close to 700 families since September. But several hundred residents have resisted, staging marches and other protests even as their neighbors load their belongings into moving trucks for the trip to the new town, which has not been named yet; it may ultimately be called Nueva Morococha.


The two towns are only six miles apart — a 15-minute drive — and are at similarly lofty altitudes. Morococha is at about 14,760 feet, and the new settlement is just 650 feet lower, at a spot now called Carhuacoto. But for many, the move is like traveling between two worlds.


Morococha is old, decaying, squalid: a broken window into raw poverty and neglect. It looks as if it had been swept carelessly against the side of an ugly yellow mountain that is full of copper ore, with no regard for where cracked houses and crooked streets came to rest.


Most of the houses have mud walls and leaky, rusting corrugated metal roofs. Residents get water from taps in the streets; in the dry season the taps work only a few hours a day. Many of the townspeople use crude communal latrines.


The new town is all straight lines, fresh paint and smooth paving. There are new schools, churches, a clinic and playgrounds. Each house has running water, supplied by a just-built purification plant. There are showers (though no water heaters), and there are toilets that flush into a new sewage treatment system. Trash is carted away to a new sanitary landfill.


During the day, when most residents are away at work, it is strangely silent and sterile, with the artificial feel of a movie set. Crews of workers in safety orange coveralls and hard hats sweep the otherwise empty streets.


“You can get lost,” said Virginia Vallodolid, 45, one of the street sweepers, who moved in several weeks ago and earns $3 a day from Chinalco. It is the first steady job she has ever had. She has a house with a toilet for the first time in her life. She turns on the tap and the water comes out clear, not yellow, as she said it often did in Morococha.


“I don’t miss anything,” Ms. Vallodolid said, reflecting on the 15 years she lived in Morococha. “I lived uncomfortably there.”


But back in Morococha, the resisters, many of them property owners, are holding out, refusing to move or sell their homes.


In an act of defiance, Marcial Salomé, the mayor of Morococha, has gone on a minor building spree, putting up better public toilets and places for people to wash their clothes.


Mr. Salomé said that he and other residents are not opposed to moving the town, but that they want Chinalco to do more in exchange. They want the company to guarantee jobs in the new mine for residents. And they want the company to pay the people of Morococha $300 million for destroying their town.


Mr. Salomé also voiced a key complaint of many who have moved, who say the new houses, with as little as 430 square feet of space, are simply too small. Mr. Salomé pointed to another foreign mining company, Xstrata Copper, which is planning a similar relocation of a town in Peru’s south and has promised to build houses several times as large.


“We want what’s fair,” Mr. Salomé said.


Sonia Ancieta is one of the staunchest holdouts. Her great-grandparents moved to Morococha perhaps 100 years ago. The cemetery is full of her ancestors. She has a large house that she measures at more than 2,000 square feet, including several rental rooms and a store on what used to be a busy street.


Andrea Zarate contributed reporting.



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Alleged Ohio rapists may not get fair trial: defendant’s lawyer






(Reuters) – Two Ohio high-school football players accused of raping a teenage girl may not get a fair trial after a photo and video allegedly associated with the case were posted on the Internet by the computer hacking group Anonymous, a lawyer for one of the accused said on Friday.


Ma’lik Richmond and Trenton Mays, both 16 and members of the Steubenville High School football team, are charged with raping a 16-year-old fellow student last August, according to statements from their attorneys to local and national media.






Their juvenile court trial is scheduled for February in Steubenville, a city of 19,000 about 40 miles west of Pittsburgh.


The case shot to national prominence this week when Anonymous activists made public a picture allegedly of the rape victim, being carried by her wrists and ankles by two young men, and of a video that showed several other young men joking about an alleged assault.


Richmond’s lawyer, Walter Madison, said on CNN that his client was one of the young men in the photograph, but does not appear in the video.


But the picture “is out of context,” Madison said. “That young lady is not unconscious,” as has been widely reported.


“A right to a fair trial for these young men has been hijacked,” Madison said, adding that social media episodes such as this have become a major threat to a criminal defendant’s right to a fair trial.


“It’s very, very serious and fairness is essential to getting the right decision here,” he said.


Mays’ attorney Adam Nemann could not immediately be reached for comment on Friday. In an interview on Thursday with Columbus, Ohio, broadcaster WBNS-10TV, Nemann raised concerns about the effect the Anonymous postings could have on potential witnesses in the case.


“This media has become so astronomically ingrained on the Internet and within that society, I am concerned witnesses might not want to come forward at this point. I would be surprised now, if there weren’t witnesses now who might want to start taking the Fifth Amendment,” Nemann told the station.


The Fifth Amendment to the U.S. Constitution offers protection against self-incrimination in criminal proceedings.


The case has also been a challenge for local officials because of conflicts of interest. Both the local prosecutor and police have close ties to the school that the defendants attend.


As a result, the case is being investigated and prosecuted by Ohio Attorney General Mike DeWine’s office.


Interviewed on CNN on Friday, DeWine said it was not unusual for his office to prosecute or investigate cases in small towns where close ties within the community caused conflicts of interest to arise.


He also voiced concern about how social media may affect the case.


“This case needs to be tried not in the media, not in social media,” DeWine said.


He said Anonymous’ attempt to shame the alleged attackers had actually harmed the victim.


Not only is the victim hurt by the initial crime, but “every time something goes up on the Internet, the victim is victimized again,” DeWine said.


(Reporting by Dan Burns and Peter Rudegeair; Editing by Bernadette Baum)


Internet News Headlines – Yahoo! News





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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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"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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Germany Moves Closer to Accepting Military Role


Tobias Schwarz/Reuters


Germans with a Patriot missile battery. Germany has voted to send two Patriot missile batteries and 400 soldiers to Turkey.







BERLIN — When Chancellor Angela Merkel hosted a recent reception for military families, she greeted parents, wives and children whose loved ones were spending their holidays in Afghanistan, Lebanon, Kosovo and off the Horn of Africa. German deployments overseas, Ms. Merkel said, “will soon encompass the entire globe.”




On that same wintry afternoon, members of Parliament debated whether to add to the nearly 6,000 German troops currently serving abroad by sending up to 400 soldiers to Turkey, where they would operate two Patriot missile batteries to help protect their NATO ally from a potential escalation of the civil war across the border in Syria.


“For decades, we Germans have benefited from the fact that our partners gave us the feeling of reliable security,” Thomas de Maizière, Germany’s defense minister, said during the debate last month. “Now we are in a position and have the duty, even, to make our impact felt.”


Only a handful of shivering protesters passed out fliers in front of the Brandenburg Gate opposing the deployment. The vote easily passed in the Parliament two days later.


It was not that long ago that every German military action brought with it mass demonstrations, public hand-wringing and probing questions about the country’s militarist past. But the shadow of history continues to recede here and Germany is, for better or worse, quietly approaching a normal relationship with its armed forces.


For the past three years, Europe has been preoccupied with economic issues as the debt crisis threatened to sunder the euro currency union. But strategic military questions cannot be ignored indefinitely. The United States is increasingly shifting its focus to the Asia-Pacific region and reducing the number of troops stationed in Europe.


“Europe has more responsibility for its own security, and Germany has to step up to that, particularly considering its new economic power in Europe,” said Constanze Stelzenmüller, senior fellow at the German Marshall Fund in Berlin.


Conscription was suspended indefinitely here in 2011 as part of a drive to professionalize and modernize the armed forces. In August, the Constitutional Court ruled for the first time that the German military could be deployed at home under exceptional circumstances, like in the wake of a terrorist attack.


“Naturally, a great deal has developed further in terms of the acceptance of deployments outside of this country and outside the NATO territory,” said Col. Ulrich Kirsch, chairman of the German Federal Armed Forces Association, which represents the interests of active and former military personnel. “But the Germans are, now as before, difficult to inspire for military operations.”


Military business is another matter. Germany is the world’s third-biggest arms exporter, behind only the United States and Russia, sending weapons not only to NATO members and allies like Israel but increasingly to the Middle East and beyond. As the business grows, critics at home question sales to undemocratic countries like Saudi Arabia.


Germany’s military industry employs an estimated 80,000 people, jobs Ms. Merkel wants to protect, especially less than a year before September’s parliamentary election. In October, German opposition helped doom the proposed merger of two aerospace giants, British-based BAE Systems and the consortium EADS, in part out of concern that German jobs and influence might be lost in the new entity.


Last month Der Spiegel, the influential newsmagazine, showed a grim-faced Ms. Merkel on the cover in a camouflage suit jacket with the headline “German Weapons for the World.” The magazine described the Merkel doctrine as deploying fewer German troops to conflict zones and instead strengthening partners by selling them arms. The German government approved military exports in excess of 10 billion euros, or over $13 billion, for the first time in 2011, the magazine reported.


That is an especially impressive feat considering that military expenditures in Western and Central Europe fell 1.9 percent in real terms that year, according to the Stockholm International Peace Research Institute. Those cuts have “prompted unease in many quarters that European countries risk losing global influence as they fall further behind the United States in military capabilities,” the institute said in its most recent annual report on military spending, “while rising powers such as China rapidly catch up and even overtake them.”


Germany’s path forward could well determine the shape of Europe’s military affairs for years to come. Whether that is through a growing leadership role and the assumption of more responsibility for regional security or a limited, some say cynical, emphasis on protecting its own interests still remains to be seen.


“Germany is back in the game as one of the most important countries in the Western Hemisphere, but the kind of responsibility that goes with that is not really reflected in German government behavior,” said Olaf Böhnke, head of the Berlin office of the European Council on Foreign Relations. “If Germany wants to be in a leadership position, you need stronger military engagement.”


German troops have been in Afghanistan for more than a decade, but mostly restricted to the safer northern part of the country. The Bundeswehr, Germany’s army, sent its first Tiger attack helicopters to Afghanistan in December. On Tuesday the army announced that it had not suffered a single fatality in 2012 in Afghanistan.


Chris Cottrell and Victor Homola contributed reporting.



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We Salute the First Baby Senator






We realize there’s only so much time one can spend in a day watching new trailers, viral video clips, and shaky cell phone footage of people arguing on live television. This is why every day The Atlantic Wire highlights the videos that truly earn your five minutes (or less) of attention. Today:


RELATED: Claire McCaskill and How to Attack the Opponent You’re Rooting For






Here’s our suggestion to improve the (already pretty hilarious) swearing-in process for U.S. Senators: Each new member of Congress must bring a cute baby.


RELATED: Rand Paul Doesn’t Want You to Go to Jail for Smoking Pot


RELATED: Larry David’s Two-Minute Guide to Etiquette


Apparently the BBC has decided to market a line of lunch boxes specifically made for hungry polar bears. They are still working out the kinks: 


RELATED: Homer Simpson, Fox News Pundit; Books After Dark


RELATED: Bo Obama Stays On Message; Sarah Palin Can See HBO in Her House


The Golden Globes will be bittersweet this year. Don’t get us wrong — we’re really excited to watch Amy Poehler and Tina Fey entertain us. But we’ll also be also really sad when this thing is over because it means the end of these promos:


And finally, it’s Friday. And it’s time to dance. Enjoy your weekend. 


Wireless 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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