‘Facebook Dead’: How to ‘Kill’ Your Friends

Rusty Foster discovered he was dead last week, at least according to Facebook. He had been locked out of his account, which had been turned into a “memorial page,” because someone had reported the Maine man as deceased to the social media site.

He tweeted Thursday, “Facebook thinks I’m dead. I’m tempted to just let it,” then “Did you know that you can report any of your Facebook friends dead & Facebook will lock them out of their account with no evidence needed?”

As one of Foster’s friends discovered, it doesn’t take much to convince Facebook that somebody is dead. By simply going to the ” Memorialization Request” page and filling out a form, including a link to an obituary, anybody can take someone else off Facebook.

The obituary needs to have the same name (or at least a close name), but doesn’t need to match any other details on the profile. The obituary Foster’s friend used to prove Foster’s death was for a man who was born in 1924 and died in 2011 in a different state than the one Foster lists on Facebook as his home state.

Foster, 36, said he never got any notification his account was going to be locked, and only discovered it when he attempted to log in. He filled out a form to report the error, and received a response that began with “We are very sorry to hear about your loss.”

More than a full day later, Foster’s account still hadn’t been unlocked. Buzzfeed, tipped off by Foster, posted an article in which one editor “killed” another editor, John Herrman, on Facebook. According to the article, about an hour after Herrman reported the error to Facebook, his profile was reactivated. About an hour after that, 27 hours after Foster first reported his erroneous death, he was “resurrected” by Facebook and allowed back into his account.

Foster does not know the total amount of time he was “Facebook dead.” He told ABC that nothing was different with his account when he logged back in, only that some of his friends had a little fun with his status.

“The only thing that happened was some of my friends posted little mock-eulogies for me, because word got around that I was locked out, due to a temporary case of death,” Foster wrote in an email with the subject line, “Rusty, the Facebook zombie.”

When pages are memorialized, they are removed from sidebars, timelines and friend suggestions and searches. This is likely to prevent people from seeing their friends who have died pop up on their newsfeed, and to prevent people from hacking into the accounts of dead people.

Foster said he understands the position Facebook is in when it comes to the death of one of its users, but believes there are better options for the social media site.

“There ought to be an email sent to the account’s email address informing it that the account has been reported dead and providing a link or something to dispute the report before any action is taken,” Foster wrote.

Foster said the most frustrating part was not being able to get into his account to “click the ‘I’m not dead’ button that should also be there.”

This has apparently been the same “memorialization” process since at least 2009, when another user took to his personal blog to write about his experience of being “Facebook dead.” In his case, the obituary his friend used to have him declared dead wasn’t even close to his real name. Instead, the man who performed the funeral services had a similar name.

In a statement to ABC News, Facebook said the system is in place in order to respect the privacy of the deceased.

“We have designed the memorialization process to be effective for grieving families and friends, while still providing precautions to protect against either erroneous or malicious efforts to memorialize the account of someone who is not deceased,” the statement reads. “We also provide an appeals process for the rare instances in which accounts are mistakenly reported or inadvertently memorialized.”

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India Ink: Disbelief in Bihar Village of Man Accused in the Delhi Rape Case

AURANGABAD, Bihar — The family of Akshay Thakur, one of the six accused in the Delhi gang rape case, first learned about the incident and the nationwide protests it has inspired when local police officers came to their house looking for him.

The family owns a television set, but cannot watch it because there is no electricity in the area. Newspapers don’t reach this far.

Their village of Lahangkarma is in the northeastern state of Bihar, on the remote, dusty plains that straddle the border with Jharkhand state. An anti-government insurgency movement, known as Maoists, is active in the area, and attacked the local police station in December 2011.

Family members said they can’t believe that Mr. Thakur, 24, a high school dropout, could have committed the crime. He has admitted to both family and the police that on Dec. 16 he was on the bus where a young woman was gang-raped and fatally beaten, but not confessed to anything more to them. Police identified him Dec. 18 as the “helper” of Ram Singh, the bus driver.

“He loves me very much and I’ll not believe anyone that he is involved in such a dirty thing,” his wife, Punita Devi, said in an interview in the village. Ms. Devi, who married Mr. Thakur in 2010, held their crying year-and-a-half-old son in her arms as she spoke. She did not say how old she was, but appeared younger than the marriageable age of 18.

“We were loving to each other,” she said. “He used to talk to me on the phone whenever he left” the village, she added. Looking distraught and anxious, she spoke loudly and nervously, insisting on his innocence.

In the aftermath of the Delhi rape, debate is raging in India about what might have prompted a group of men to commit such a violent crime against a young woman. The woman, a 23-year old physiotherapy student, was raped several times and attacked with an iron rod, injuring her internal organs so severely that portions of her intestines had to be removed.

India, and particularly north India, has seen a rise in reported gang rapes in recent months, adding fuel to the debate.

On Sunday, Raj Thackery, head of the Maharashtra Navnirman Sena, a right-wing political party, blamed the crime on migrants from Bihar.

“All are talking about the Delhi gang-rape, but no one is asking who did this. Nobody’s asking from where these men came,” he said, according to The Hindu newspaper. “Nobody is mentioning the fact that all these rapists are from Bihar,” he said.

The Bihar police say they are unaware that any of the other men accused in the Delhi rape are from the state. The hometowns of most of the rest of the men have not been made public by the police.

Five of the men accused in case, including Mr. Thakur, have been charged with murder, attempted murder, gang rape and robbery. They have also been charged under section 34 of the Indian Penal Code, which holds each accused individual equally liable for all criminal acts committed together as a group.

According to the police, Mr. Thakur fled Delhi after the rape, traveling first to Jaipur, then making his way by train to his home village. His father, Saryug Singh, a farmer, said he turned his son over to the police. (The surname Singh is often rendered as Thakur is Delhi.)

“I personally handed Akshay over to the police and told them if he is guilty he must be punished,” Mr. Singh said, while wiping tears from his eyes. “What more could I do? I don’t know what will happen and I’m not capable of doing anything more.”

Ms. Devi said she knew that her husband was working as a bus conductor in Delhi. “He had told me over phone he was working on a bus in Delhi for the last two months,” she said. Mr. Thakur had last visited his village six months ago, she said, before returning on Dec. 21.

“When he came here he told me that such an incident had happened and, though he was there in the bus along with others, he had not done anything wrong,” she said.

There is little sign of economic development in the village, and many of its young men migrate to cities, mostly to Delhi, to earn their living. Mr. Thakur had followed his two elder brothers, Vinay Singh and Abhay Singh, who both work in a private company in Gurgaon, the outsourcing mega-city south of Delhi.

After he came to Delhi, he lost touch with his family, they said.

Earlier, Akshay was working at a local liquor factory in the central state of Madhya Pradesh, “but after he went to Delhi he was not in touch with us,” said his brother Abhay Singh, who has been in the village on vacation since Dec. 15.

Rejecting Mr. Singh’s claim he had turned his son in, the local police said they used Mr. Thakur’s mobile phone to track him down. “The moment he came to the village, we arrested him and handed him over to the Delhi police,” said Ajay Kumar, chief of the local Tandwa police station.

The Bihar state government has announced a reward for all the police officers involved in apprehending Mr. Thakur. Along with Mr. Kumar, two other police officials, Brajesh Kumar Singh and Yatvendra Kumar Singh, are on the list of rewardees.

The elder Mr. Singh said that his youngest son had no interest in education and dropped out of Pipadi High School in nearby Tandwa in the 10th grade.

The police said he has no criminal record in the village. “He was never accused in a single case here,” said Mr. Kumar. The village chowkidar, or watchman, Ram Lakhan Paswan, said the family enjoyed a “good reputation” in the area.

The entire family now lives cocooned inside its house, following local protests demanding harsh punishment for Mr. Thakur for having given the village, district and state a bad name.

Malti Devi, Mr. Thakur’s mother, guesses that he might have fallen into bad company in Delhi. “But, he could not commit such a heinous crime”, she said, tears falling down her cheeks. “It would have been better if I had died before seeing all this.”

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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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Global shares, oil fall, but growth prospects limit falls

LONDON (Reuters) - World stocks and oil prices eased on Monday as some investors booked profits after last week's strong rally, but signs of a brightening global economic growth outlook limited the falls.

Data from the United States on Friday showed employers kept up a steady pace of hiring in December and its vast services sector was expanding at a brisk rate, while manufacturing surveys last week pointed to a pick up in China.

This compounded the boost to markets from the last-minute deal to avert a U.S. fiscal crisis reached at the start of the year, at least for the moment.

"Overall, the market's positive trend is still intact," said Lionel Jardin, head of institutional sales at Assya Capital in Paris. "The (stock) market is ripe for a pause, but with so much cash on the sidelines, there are a lot of buyers showing up each time we have a dip."

After touching a 22-month peak last week, the FTSE Eurofirst <.fteu3> index of top European shares was down 0.2 percent at 1,164 points. The UK's FTSE 100 index <.ftse> was down 0.25 percent, Germany's DAX index <.gdaxi> fell 0.4 percent, and France's CAC 40 <.fchi> eased 0.5 percent.

Asia-Pacific shares outside Japan <.miapj0000pus>, which reached their highest levels since August 2011 on Thursday, eased 0.1 percent, while Tokyo's Nikkei share average <.n225> ended down 0.8 percent, just below a 23-month high.

MSCI's broad world equity index <.miwd00000pus> had dipped 0.1 percent but wasn't far from an 18-month peak scaled when investors returned to the market after an immediate U.S. fiscal crisis was averted.

Financial shares outperformed the broader market after global regulators agreed to give banks four more years and greater flexibility to build up cash buffers so they can use some of their reserves to help economies grow.

The STOXX 600 European banking index <.sx7p> was up by 1.5 percent to 172.58 points.

"The move gives the banking sector some breathing space, which would be good for the economy as a whole," said Koen De Leus, senior economist at KBC Group.

U.S. stock index futures point to a weaker open on Wall Street later as buyers take a breather after they pushed the benchmark Standard & Poor's 500 index <.spx> to a five-year high on Friday in the wake of the jobs report. <.n/>

Brent crude oil futures slipped 40 cents to $110.89 per barrel after rising 0.6 percent last week.

ECB LOOMS

Investors were beginning to look to the first policy meetings of the year at the European Central Bank and Bank of England on Thursday, when no rate moves are expected but new euro zone forecasts are due.

Some analysts expect the ECB to point to the prospect of easier rates early this year, a week after the U.S. Federal Reserve indicated it may pursue less accommodative policies in future. The Bank of Japan is also expected to take major steps to stimulate the country's economy later this month as the new government aims to end deflation and recession.

The possibility of less monetary stimulus in 2013 from the Fed and more from the BOJ sent the dollar to a two-and-a-half year peak against the yen last week. However, profit taking saw it pull back on Monday by 0.5 percent to 87.75 yen.

The euro eased 0.2 percent to $1.3040 but was trading above a three-week low of $1.2998 hit on Friday. Analysts said it could stay around these levels until the ECB meeting.

DEBT STEADIES

In the European bond markets, investors scooped up German government bonds after their steep falls last week as expectations changed over the Fed's next move.

Ten-year German cash yields were 2.2 basis points lower on the day at 1.523 percent. Other euro zone bond yields were steady to slightly higher as traders awaited debt auctions by Spain and Italy later in the week.

U.S. Treasury 10-year notes were mostly steady at 1.90 percent after reaching 1.975 percent on Friday in a sell-off fuelled by the expectations of less easy monetary policy this year.

Further moves are likely to be limited due to sales of three-year notes on Tuesday, 10-year notes on Wednesday and 30-year bonds on Thursday.

Gold was off its lows of last week but in line with equities and oil had eased slightly. Spot gold was down 0.15 percent $1,653.50 an ounce though above Friday's $1,625.79, its lowest price since August.

(Additional reporting by Blaise Robinson and Atul Prakash,; editing by David Stamp)

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News Summary: Tablet-tailored search engine debuts

TAILORED FOR TABLETS: Izik is billed as the first search designed especially for iPads and tablet computers running on Google Inc.‘s Android software. Free Izik apps for those devices were released Friday.

CAPSULE CATERING: For the more visual format of tablets, Izik displays search results in rows of capsules that can be easily scrolled with the swipe of a finger. This contrasts to showing a stack of blue links, the industry standard for laptops and desktops.

GOODBYE GOOGLE? Blekko, the maker of Izik, hopes people will break the Google search habit as tablets supplant traditional computers for Web surfing.

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In Fields and Markets, Guatemalans Feels Squeeze of Biofuel Demand

Richard Perry/The New York Times

José Antonio Alvarado and his family harvested corn in November on a highway median in Guatemala, where farmers struggle to find land. More Photos »

GUATEMALA CITY — In the tiny tortillerias of this city, people complain ceaselessly about the high price of corn. Just three years ago, one quetzal — about 15 cents — bought eight tortillas; today it buys only four. And eggs have tripled in price because chickens eat corn feed.

Meanwhile, in rural areas, subsistence farmers struggle to find a place to sow their seeds. On a recent morning, José Antonio Alvarado was harvesting his corn crop on the narrow median of Highway 2 as trucks zoomed by.

“We’re farming here because there is no other land, and I have to feed my family,” said Mr. Alvarado, pointing to his sons Alejandro and José, who are 4 and 6 but appear to be much younger, a sign of chronic malnutrition.

Recent laws in the United States and Europe that mandate the increasing use of biofuel in cars have had far-flung ripple effects, economists say, as land once devoted to growing food for humans is now sometimes more profitably used for churning out vehicle fuel.

In a globalized world, the expansion of the biofuels industry has contributed to spikes in food prices and a shortage of land for food-based agriculture in poor corners of Asia, Africa and Latin America because the raw material is grown wherever it is cheapest.

Nowhere, perhaps, is that squeeze more obvious than in Guatemala, which is “getting hit from both sides of the Atlantic,” in its fields and at its markets, said Timothy Wise, a Tufts University development expert who is studying the problem globally with Actionaid, a policy group based in Washington that focuses on poverty.

With its corn-based diet and proximity to the United States, Central America has long been vulnerable to economic riptides related to the United States’ corn policy. Now that the United States is using 40 percent of its crop to make biofuel, it is not surprising that tortilla prices have doubled in Guatemala, which imports nearly half of its corn.

At the same time, Guatemala’s lush land, owned by a handful of families, has proved ideal for producing raw materials for biofuels. Suchitepéquez Province, a major corn-producing region five years ago, is now carpeted with sugar cane and African palm. The field Mr. Alvarado used to rent for his personal corn crop now grows sugar cane for a company that exports bioethanol to Europe.

By Jeff DelViscio

A large palm plantation and factory recently opened in the indigenous village where Ms. Quirix lives.

In a country where most families must spend about two thirds of their income on food, “the average Guatemalan is now hungrier because of biofuel development,” said Katja Winkler, a researcher at Idear, a Guatemalan nonprofit organization that studies rural issues. Roughly 50 percent of the nation’s children are chronically malnourished, the fourth-highest rate in the world, according to the United Nations.

The American renewable fuel standard mandates that an increasing volume of biofuel be blended into the nation’s vehicle fuel supply each year to reduce carbon dioxide emissions from fossil fuels and to bolster the nation’s energy security. Similarly, by 2020, transportation fuels in Europe will have to contain 10 percent biofuel.

Large companies like Pantaleon Sugar Holdings, Guatemala’s leading sugar producer, are profiting from that new demand, with recent annual growth of more than 30 percent. The Inter-American Development Bank says the new industry could bring an infusion of cash and jobs to Guatemala’s rural economy if developed properly. For now, the sugar industry directly provides 60,000 jobs and the palm industry 17,000, although the plantations are not labor-intensive.

But many worry that Guatemala’s poor are already suffering from the diversion of food to fuel. “There are pros and cons to biofuel, but not here,” said Misael Gonzáles of C.U.C., a labor union for Guatemala’s farmers. “These people don’t have enough to eat. They need food. They need land. They can’t eat biofuel, and they don’t drive cars.”

By Jeff DelViscio

Ms. Siquic and her relatives sold their land to a palm plantation and now have to buy foods that they once grew.

In 2011, corn prices would have been 17 percent lower if the United States did not subsidize and give incentives for biofuel production with its renewable fuel policies, according to an analysis by Bruce A. Babcock, an agricultural economist at Iowa State University. The World Bank has suggested that biofuel mandates in the developed world should be adjusted when food is short or prices are inordinately high.

Mike McDonald contributed reporting.

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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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"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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