Fresh Produce Discussion Blog

Created by The Packer's National Editor Tom Karst

Friday, December 11, 2009

Chiquita Selects Triple Point to Manage Transportation Cost Volatility

Chiquita Selects Triple Point to Manage Transportation Cost Volatility - Market Wire

Food and Beverage Companies Choose Triple Point to Manage Cost Volatility for Raw Materials and Fuels

WESTPORT, CT--(Marketwire - December 10, 2009) - Triple Point Technology®, the leading provider of multi-market commodity and enterprise risk management software solutions, announced today that Chiquita Brands International Inc. has selected Commodity XL™ to manage price exposure to transportation costs including freight rates and bunker fuel.

Chiquita is a leading international marketer and distributor of high-quality fresh and value-added food products including bananas, fruits and green salads.

Health care benefits at a price - AP

New health care benefits come at a price - AP

WASHINGTON — President Barack Obama's health care overhaul — now looking like a real possibility — should give uninsured Americans options they've never had before. But it won't be a free ride.As with the Medicare prescription drug benefit that passed when Republicans ran Washington, consumers will face a complicated lineup of health plan choices —
and they'll be costly for some.

"People who need to buy coverage as individuals and small employers are going to have a lot more in the way of attractive health insurance options, and they won't have to worry about whether their medical condition precludes them from being covered," said policy expert Paul Ginsburg, who heads the nonpartisan Center for Studying Health System Change.

The downside: "Sticker shock is going to come to some."

More at link

Tesco market share flat


Tesco UK Grocery Market Share Flat At 30.6% 12 Weeks To Nov 29
TNS
Dow Jones
December 08, 2009: 10:42 AM ET

LONDON -(Dow Jones)- Tesco PLC's (TSCO.LN) U.K. grocery market share was unchanged at 30.6% in the 12 weeks to Nov. 29, data from Taylor Nelson Sofres World Panel released Tuesday show.

The U.K.'s second-largest retailer by sales, Asda Group Ltd., had its market share rise to 17% in the 12-week period from 16.7% a year earlier. Asda is a subsidiary of the world's biggest retailer Wal-Mart Store Inc. (WMT) of the U.S.

More at link

CH Robinson move to RenCen in Detroit

Logistics company C.H. Robinson Worldwide plans move to RenCen- Crainsdetroit.com

Logistics company C.H. Robinson Worldwide Inc. will be moving one of its Detroit business lines from Southfield to Detroit, taking an office in the Renaissance Center.

The company has signed the lease to take 11,000 square feet in the Tower 500 building, said Mark Wallace, leasing director for the Renaissance Center and a project manager with Houston-based Hines Interests L.P.The lease is one of the largest for Detroit this year.

“We have a young demographic in our office,” said Bill Cipponeri, general manager of the Detroit branch. “The vibrancy of the building and the downtown corridor is what we were looking for.”

More at the link

South Florida man sentenced to 14 years for selling Indian identities to illegal aliens

South Florida man sentenced to 14 years in prison for immigration fraud- ICE

MIAMI-A Tamarac man was sentenced to 14 years in prison for his involvement in an immigration benefit fraud scheme following a joint U.S. Immigration and Customs Enforcement (ICE), Federal Bureau of Investigation (FBI), Social Security Administration (SSA), and State of Florida's Department of Business and Professional Regulation investigation.
Audie Watson, 76, was sentenced Dec. 8 to 168 months in prison, followed by three years of supervised release by U.S. District Judge William J. Zloch. Watson was also ordered to forfeit assets and pay $11,250 in restitution.

Watson was charged on Aug. 29, 2008 in a seven-count indictment, along with his employees, Nancy Vertus, Anibal Reyes and Laura Reyes, with conspiracy to commit mail fraud and to encourage illegal aliens to remain in the United States. He is additionally charged with mail fraud and money laundering.

Watson's co-defendants pleaded guilty to the conspiracy and were sentenced to 18 months in federal prison. He was convicted of all seven counts on Sept. 22 after a four-day trial.

The evidence at trial established that Watson, the owner and president of Universal Service Dedicated to God, Inc., a Florida non-profit corporation, conspired with his employees to sell documents purporting to confer membership in a Native American tribe called the Pembina Nation Little Shell.Watson sold these memberships to illegal aliens at a cost of $1,500 per individual and $2,000 per couple. He sold the supposed memberships in order for his customers to make claims of Native American lineage to immigration authorities and thereby avoid removal from the United States.

The case was prosecuted by Assistant U.S. Attorneys Jennifer Keene and Laurence Bardfeld.

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Tesco adopts carbon accounting software

Tesco adopts carbon accounting software

Tesco, which has 4,000 supermarket locations in 14 nations, has adopted a new carbon accounting software to help it meet its goal of halving emissions from 2006 levels by 2020.

Tesco also plans to cut in half the emissions related to distribution, on a case basis, by 2012. Tesco will be using ecoSoftware from CA, which formerly was known as Computer Associates, according to a press release.For now, Tesco is looking for the software to manage its carbon footprint, although the software also has applications that can apply farther up the supply chain, said Terrence Clark, senior vice president of CA’s ecoSoftware group.CA says the software, which uses visual tools designed for evaluating sustainability initiatives, can assist in program and project management capabilities, automated assessments for use internally and with third parties, and direct energy metering, including capture of information from devices within the datacenter and other facilities.
Tesco is pulling out all the stops to limit emissions. It is going so far as to monitor the flatulence of cattle that it sources dairy products from. In other Tesco news, the company’s U.S. subsidiary, Fresh & Easy, recently opened its first LEED Gold certified store, in Cathedral City, Calif., according to a press release.

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Tesco opens zero carbon supermarket

Tesco Opens Zero-carbon Supermarket - Environmental Leader

UK retailer Tesco has opened a location that it claims to be the world’s first “zero-carbon” supermarket.

The store in Ramsey, England, was built on a frame made from sustainable timber and has skylights calibrated to allow in natural lighting without raising the heat level, reports Supermarket News. The location takes advantage of outside air, filtered in through strategically located vents, to reduce cooling expenses.What power the store needs is generated on-site through a generator that runs on renewable materials, including spent vegetable oil. The generator also provides heating for the building.The refrigeration units are low-emissions versions.

There also is a rainwater collection system to provide water to flush toilets, as well as to be used in the on-site car wash, reports the Cambridge News. To encourage consumers to reduce their carbon footprints, a free bus will route shoppers to and from the town center. Tesco recently adopted carbon accounting software to keep track of emissions and energy use at its UK stores. Tesco subsidiary Fresh & Easy recently opened its first LEED story in the U.S., as well as adopting its own carbon accounting software.

When compared to energy used at other supermarkets, Fresh & Easy is using about 32 percent less energy per square foot across its 130 locations.

Heniz Ketchup fan of the century


Heniz Ketchup fan of the century


TORONTO, ONTARIO -- 12/09/09 -- Toronto native Rachael Czutrin has been crowned as Canada's Heinz Ketchup Fan of the Century. The contest, developed to celebrate Heinz Canada's 100th anniversary, asked consumers to express - in 100 words or less - why they should be named the Canada's Heinz Ketchup Fan of the Century. As usual, Heinz Ketchup fans - 20,668 of them in all - poured their love on thick.

Submissions varied from the nostalgic to the strange as consumers relayed stories of Heinz Ketchup on toast, popcorn, rice, pickles, soup, and even holiday turkey. They kept their ketchup bottles in lockers and glove compartments, gave it as hostess gifts and served it at their weddings. Heinz was delivered by Santa on Christmas morning, went into care packages for those in the military, and reminded other fans of loved ones lost. The iconic bottle even showed up as a tattoo on the arms and legs of four die-hard fans and reportedly accompanied some Ketchup lovers into the great beyond."The overwhelming response to this contest demonstrates that Heinz Ketchup is not just a household name but a brand that resonates strongly in the hearts and minds of Canadians and has for generations," says Joan Patterson, Corporate Affairs Leader, Heinz Canada.

Contest Highlights by the Numbers

Of the 20,668 entrants...

- 454 people carry Heinz Ketchup with them at all times, whether it be in their purse, pocket, or car.

- 115 people had Heinz Ketchup play a role at their wedding (including one Ketchup fountain!).

- 68 people said they craved Heinz Ketchup while pregnant.

- 18 people reported Heinz Ketchup (aka 'Navy Gravy') helped them stomach the food in the military.

- 15 people named their pets after Heinz Ketchup including seven dogs, three cats, two fish, two chinchillas and one rabbit.

- Four people reported Heinz Ketchup was part of a loved one's funeral; two people reported putting a bottle of Ketchup in the deceased's casket.

- Two people claimed they named their children "Heinz" due to their love of the condiment!

Rachael Czutrin - the winner of the Heinz Ketchup Fan of the Century contest and its $25,000 grand prize - was chosen for her utter devotion and loyalty to a

brand for which she has been an unofficial ambassador her whole life. A true Heinz fan, she enjoys Ketchup on a wide variety of foods, not just the typical

French fry, hot dog and hamburger fare. "Some people think it's strange, but I love Heinz Ketchup on pizza."

Heinz Ketchup is something that she just can't do without - she even traded valuable clothing space in her backpack for a bottle of Heinz Ketchup when touring Europe. Her love passion for Heinz is so well known among friends and family that she has received not one, not two, but three 'I put Ketchup on my Ketchup' t-shirts from three different people! According to Rachael, "To me Heinz Ketchup is not a condiment, it's a way of life!"

To read Rachael's and the other finalist entries, visit Heinzitup.com and click the "Promotions" tab. Also available online are hundreds of delicious recipes such as The Great Canadian Heinz Ketchup Cake which was created by Heinz in honour of its 100th anniversary this year.

Impact of EPA endangerment finding on trucking unclear - Fleetowner.com

Impact of EPA endangerment finding on trucking unclear - Fleetowner.com


Dec 8, 2009 1:39 PM, By Sean Kilcarr, senior editor

Though the U.S. Environmental Protection Agency (EPA) has officially designated greenhouse gases (GHGs) a threat to the public health and welfare of the American people, and that GHG emissions from on-road vehicles contributes to that threat, the ultimate impact this will have on the trucking industry is unknown at this point.

“The release of the endangerment finding is seen as an effort to focus more attention on pending federal climate change legislation – but it does not include any proposed regulations,” noted Glen Kedzie, an American Trucking Assns. (ATA) vp, told FleetOwner. “[But] it’s unclear at this time how the EPA’s endangerment finding will affect the trucking industry.” (Read more news about the ATA)
In a speech yesterday, EPA Administrator Lisa P. Jackson said her agency’s endangerment final finding is a response to a 2007 U.S. Supreme Court decision that said GHGs fit within the Clean Air Act definition of air pollutants and covers six key gases – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

“This endangerment finding provides the legal foundation for finalizing the recently proposed clean cars program, [which] contains the nation’s first ever limits on greenhouse gas emissions from American vehicles,” Jackson said. “And starting next spring, large emitting facilities will be required to incorporate the best available methods for controlling greenhouse gas emissions when they plan to construct or expand.”

Jackson stressed that, though the EPA’s findings do not in and of themselves impose any emission reduction requirements, they allow the agency to finalize the first-ever federal GHG tailpipe standards for new light-duty vehicles. Those were proposed on Sept. 15 as part of the joint rulemaking with the Department of Transportation (DOT). Those rules are expected to be finalized by March 2010.

“These are reasonable, common-sense steps that will allow us to do what the Clean Air Act does best: reduce emissions for better health, drive technology innovation for a better economy, and protect the environment for a better future,” Jackson said.“On-road vehicles contribute more than 23% of total U.S. GHG emissions,” she added. “EPA’s proposed GHG standards for light-duty vehicles, a subset of on-road vehicles, would reduce GHG emissions by nearly 950 million metric tons and conserve 1.8-billion barrels of oil over the lifetime of model year 2012-2016 vehicles.“

Trucking is in indeed the EPA’s sights when it comes to controlling GHGs. ATA’s Kedzie noted that the agency is currently developing carbon metrics for trucking carbon outputs and that both the House and Senate climate change bills contain provisions for the agency to take the lead in establishing regulations to limit GHGs from medium- and heavy-duty trucks.Yet the agency’s recent Final GHG Inventory Rule does not include reporting requirements for trucking fleets. That means the ultimate impact of EPA’s GHG reduction efforts on trucking operations remains to be seen. “There are no specifics known at this time as to what the finding may mean for the trucking
industry,” Kedzie stressed.

Produce Safety Project response to FDA statement on enforceable standards

Statement By Jim O'Hara, Director, Produce Safety Project, in Response to the FDA's Announcement on Enforceable Standards for Fresh Produce Safety

WASHINGTON, Dec. 8 /PRNewswire-USNewswire/ -- The Food and Drug Administration's announcement that it plans to issue proposed regulations for fresh produce safety by October 2010 is a significant public health victory for American families and farmers.
By setting clear, mandatory and enforceable standards that are aimed at preventing contamination, the FDA is signaling that voluntary guidelines in this area have not done the job. Given the importance of fruits and vegetable to our diets, a science-based approach to food safety will improve our health and increase confidence in the foods we serve our families.

The Produce Safety Project at Georgetown University, an initiative of The Pew Charitable Trusts, seeks the establishment by the Food and Drug Administration of mandatory and enforceable safety standards for domestic and imported fresh produce, from farm to fork. Our families need to have confidence that federal food safety regulation is based on prevention, scientifically sound risk assessment and management, and coordinated integrated data collection. For more
information online, visit www.producesafetyproject.org.

Kroger raising the bar on low prices

Kroger raising the bar on low prices - WSJ

NEW YORK (Dow Jones)--Kroger Co. (KR), touted as the lowest-priced traditional supermarket chain, is raising the bar on low prices as it battles retail titan Wal-Mart Stores Inc. (WMT) for food dollars. Further price cuts at Kroger caused the second-largest food retailer behind Wal-Mart to post worse-than-expected third-quarter results Tuesday and cut guidance for the year. Shares of other grocery-store operators plunged as well on fears that price competition will deepen in 2010.

Kroger shares were off 11.9% in recent trading, at $20.14. Safeway Inc. (SWY) was down 6.6% to $20.96 and Supervalu Inc. (SVU) shed 8.4% to $13.23. Wal-Mart shares, meanwhile, slid 0.6% to $54.62.Kroger also cited cautious consumer spending and food deflation as hurting sales in an environment that Chairman and Chief Executive David Dillon said was "more challenging than we anticipated."

"Some are choosing to be more disciplined in their spending and are buying down, while others are holding back altogether on purchases because they simply don't have the money to spend," Dillon said during a call with analysts.

More at the link

Homeowners lost $5.9 trillion in value since 2006 peak- Bloomberg

U.S. Homeowners Lost $5.9 Trillion Since 2006 Peak, Zillow Says
By Dan Levy

Dec. 9 (Bloomberg) -- U.S. homeowners have lost about $5.9 trillion in value since the housing market peak in March 2006 as mounting foreclosures and the recession weighed on prices, according to Zillow.com.

Almost half a billion dollars was wiped out this year through Nov. 30, as the market headed for a third straight annual decline. New foreclosures and higher mortgage rates in 2010 may hinder a rebound, the property data service said today in a statement.“A phenomenal amount of wealth has been erased since the housing bust,” Stan Humphries, chief economist for Seattle- based Zillow, said yesterday in an interview. “For many households, most of their wealth is tied up in real estate.”

The net worth of U.S. households at the end of June fell 19 percent from two years earlier to $53.1 trillion, according to Federal Reserve data. Employers have cut more than 7.2 million jobs since the start of the recession in December 2007. Unemployment was 10 percent in November as payrolls declined by 11,000, the Labor Department said last week.


More at the link

Fast food tougher buyers than USDA?

School lunch quality and safety standards questioned - USA Today


By Peter Eisler, Blake Morrison and Anthony DeBarros, USA TODAY
In the past three years, the government has provided the nation's schools with millions of pounds of beef and chicken that wouldn't meet the quality or safety standards of many fast-food restaurants, from Jack in the Box and other burger places to chicken chains such as KFC, a USA TODAY investigation found.

The U.S. Department of Agriculture says the meat it buys for the National School Lunch Program "meets or exceeds standards in commercial products."

That isn't always the case. McDonald's, Burger King and Costco, for instance, are far more rigorous in checking for bacteria and dangerous pathogens. They test the ground beef they buy five to 10 times more often than the USDA tests beef made for schools during a typical production day.
And the limits Jack in the Box and other big retailers set for certain bacteria in their burgers are up to 10 times more stringent than what the USDA sets for school beef.

For chicken, the USDA has supplied schools with thousands of tons of meat from old birds that might otherwise go to compost or pet food. Called "spent hens" because they're past their egg-laying prime, the chickens don't pass muster with Colonel Sanders— KFC won't buy them — and they don't pass the soup test, either. The Campbell Soup Company says it stopped using them a decade ago based on "quality considerations."

"We simply are not giving our kids in schools the same level of quality and safety as you get when you go to many fast-food restaurants," says J. Glenn Morris, professor of medicine and director of the Emerging Pathogens Institute at the University of Florida. "We are not using those same standards."

It wasn't supposed to be this way. In 2000, then-Agriculture secretary Dan Glickman directed the USDA to adopt "the highest standards" for school meat. He cited concerns that fast-food chains had tougher safety and quality requirements than those set by the USDA for schools, and he vowed that "the disparity would exist no more."


More at the link

Boston Herald - Supermarket chain to cut jobs in MA and CT

Supermarket chain seeks to cut jobs in MA and CT - Boston Herald

The owner of Big Y Supermarkets has begun what the company calls a voluntary layoff program for its full-time employees in Massachusetts and Connecticut.Springfield-based Big Y Foods Inc. says the program is aimed at ensuring the company’s long-term financial health and protecting as many jobs as possible.A statement released by the company on Thursday did not say how many voluntary departures it was seeking, or whether there would be involuntary layoffs if not enough volunteers came forward.

Demand for local produce grows - even in winter : KC Star


Demand for local produce is growing — even in winter
- KC Star

By SUZANNE KING
Special to The Star
Local farmers sell their items at the weekly Friday evening farmers market at the Bad Seed Market in the Crossroads District.
JILL TOYOSHIBA

Local farmers sell their items at the weekly Friday evening farmers market at the Bad Seed Market in the Crossroads District. On Monday, Deb Crum tried a bite of lettuce growing in her and husband Jim Crum’s high-tunnel greenhouse west of Bonner Springs. With them was their grandson, 15-month-old William Crum.

The scene looked more like a summer morning than a darkening autumn evening. As the sun went down the Friday before Thanksgiving, customers were crowding into downtown’s Bad Seed Market to peruse bunches of fresh greens, piles of recently dug potatoes and heaps of ruby-red beets. All were grown in and around Kansas City.Demand for locally produced food is strong in Kansas City, even as winter nears.That’s why Brooke Salvaggio, who, with her husband, Daniel Heryer, owns the Bad Seed at 1909 McGee St., said she had to turn farmers away from selling at the store’s annual Thanksgiving Market. There wasn’t enough room for all who were interested in selling this late in the season.If only there were always such an overabundance of farmers on Kansas City’s local food scene.Despite appearances at many markets and restaurants, farms in and around Kansas City just aren’t keeping up with the growing demand, many observers say. “There’s kind of a feeling that we don’t have near enough farmers and we ought to have a lot more farms,” said Ted Carey, an extension specialist with Kansas State University.

That feeling has fueled a concerted effort to help farmers increase production and usher newcomers into the farming trade.Area farmers are signing up for business classes to help them operate more efficiently, finding more outlets to market their produce and doing all they can to extend the growing season so they can sell earlier in the spring and later in the fall.

“I think for a lot of small-scale growers — particularly organic or sustainable farmers — this is a passion. … It’s not something they approach as strictly a moneymaking endeavor,” said local farmer Laura Christensen. “If those small farms are going to be successful in an economic way — in addition to an environmental and social way — they need to learn the business skills.”


More at the link

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Simplot saves ag research facility in Idaho

Simplot steps up for ag research facility - ABC

The University of Idaho said Monday that an agricultural research center facing closure because of state budget cuts would survive until 2014 under a proposed agreement with J.R. Simplot Co.

The food processing and agricultural company — one of the main suppliers of McDonald's french fries — would give $300,000 each year to the center in Parma as part of the five-year agreement.

In exchange, Simplot researchers will be allowed to use the site's facilities and up to 50 acres of land for crop studies and development. The center in Parma sits on 200 acres, half of which is crop land.

Under the proposed agreement, the university would dedicate half of a research faculty position for the coordination, oversight and some maintenance of the company's research at the site. The university would also provide tillage and irrigation for Simplot's research at another site in the Parma region.

The proposal has been submitted to the state Board of Education for approval, along with the university's plans for the future of the 11 other agriculture and extension centers amid state-mandated budget cuts. The school is facing a $4.7 million loss in state funding for the centers.
The school's Tetonia and Sandpoint facilities will stay in operation at least through June 2010 because of financial pledges from industry groups, the university said in a statement.


More at the link

Kroger stock punished after 3Q results

Kroger sell off - Time

Investors dumped shares of Kroger Co. Tuesday, and selling continued Wednesday, after the supermarket giant posted third quarter results that fell significantly short of Wall Street's expectations. Kroger shook up investors when it posted an unexpected loss of $874.9 million, or $1.35 a share, and warned that it didn't expect a significant improvement in its business until the second half of 2010.

Tuesday's plunge was especially sharp, with the stock falling 12%, making it the day's worst performing stock. Kroger's doom-and-gloom forecast is also causing investors to have jitters about rivals, such as Supervalu and Safeway, whose shares fell 9% and 7% respectively on Tuesday. Even shares of Wal-Mart, Whole Foods and Costco did not go unscathed, as their shares slipped as well.

More at the link

Government spending not enough to protect markets


Government spending not enough to protect markets
- Bloomberg

Nov. 27 (Bloomberg) -- The worldwide decline in equities spurred by Dubai’s efforts to reschedule its debt is a sign that government spending alone won’t be enough to protect financial markets, according to Arnab Das of Roubini Global Economics.Stock volatility will probably jump as countries and companies default on loans, said Das, the head of market research and strategy at RGE, the advisory firm founded by economist Nouriel Roubini.

Shares slumped from Shanghai to Brazil and European shares fell the most in seven months yesterday after Dubai World, the government investment company burdened by $59 billion of liabilities, sought to delay repayment on much of its debt. Governments have spent, lent or guaranteed $11.6 trillion and central banks held interest rates near zero percent to end the first global recession since World War II.

“We’re bound to see a rise in risk aversion,” Das, who is based in London, said in an interview. “The Dubai situation signifies that although the major central banks around the world have stabilized the financial system, they can’t make all the excesses simply disappear. We still have to work out those balance sheet stresses. The recovery is proceeding, but significant challenges still lie ahead.”

More at the link...

EPA and greenhouse gas regs

EPA clears a path for emission limits
An 'endangerment finding' is a key step in a legal process that would offer Obama an alternative to climate legislation if Congress stalls.

By Christi Parsons and Jim Tankersley

December 8, 2009

Reporting from Washington and Copenhagen

The Obama administration on Monday declared that greenhouse gases produced by vehicles, power plants and factories were a danger to public health, clearing the way for broad federal limits on climate-warming emissions.The announcement by the Environmental Protection Agency is a key step in a legal process that would allow the agency to act, without Congress, to develop
tough rules to control emissions of carbon dioxide and other gases that scientists blame for global warming."The vast body of evidence not only remains unassailable, it's grown stronger, and it points to one conclusion," said EPA Administrator Lisa P. Jackson in announcing the decision. "Greenhouse gases from human activity are increasing at unprecedented rates, and are adversely affecting our environment and threatening our health."
The EPA’s “endangerment finding” came on the opening day of an international two-week climate conference in Copenhagen aimed at hammering out an accord on reducing greenhouse gas emissions.Though the White House said the timing of the EPA announcement and the conference was a coincidence, the finding still sent a clear message of the administration's resolve to push ahead with emission controls -- with or without Congress.In making the announcement Monday, Jackson said the administration "will not ignore science or the law any longer.""Look at the droughts, the flooding, the changes in diseases, the changes in migratory habits, the changes in our water cycle and climate that we now find affect human health and welfare," she said.

The finding might be the latest step in the Obama administration's carrot-and-stick strategy for keeping pressure on Congress to approvea comprehensive climate bill, while giving the president an alternative approach if the legislation bogs down.The White House has said repeatedly that it would prefer to deal with the complex and emotion-charged issue through congressional action.

The House passed a climate bill in June that proposed a 17% reduction in carbon emissions from 2005 levels. A similar bill is pending in the Senate.Climate legislation would affect a broad swath of the American economy; it could raise consumer prices and manufacturing costs in at least some areas and faces formidable opposition from business groups, Republican lawmakers and some Democrats.

The challenge of passing a bill is all the greater at a time when Congress is preoccupied with the even more controversial healthcare overhaul and voters seem more concerned about jobs and the economy than about long-term climate change. As a result, President Obama, who promised action on global warming during his campaign, has moved forward on the alternative track: direct administrative action by the EPA.

Coming on the eve of Obama's trip to the climate summit in Copenhagen, the endangerment announcement gives the White House something positive to point to in the absence of congressional action.

But even with the EPA finding, the White House has not committed to pushing ahead with the regulatory process if climate legislation stalls.

Criticism of the EPA announcement came quickly.

"The elected Congress, not an administrative agency, should write the laws governing the economy's response to climate change," Sen. Lamar Alexander

(R-Tenn.) said.

Alexander, chairman of the Senate Republican Conference, added: "The costs of compliance with the EPA's unilateral announcement today could run into hundreds of billions of dollars a year -- costs borne by average Americans through huge increases in their electric bills and at the gas pump. This is an especially bad idea when unemployment is at 10%."

Jeff Holmstead, EPA air administrator in the George W. Bush administration, expressed concern that new paperwork requirements would bring new construction "to a standstill."

"If the agency's eventual regulatory approach is mishandled, it could result in profound consequences for the economy with little environmental benefit to show for it," Holmstead said.

Climate legislation is also strongly opposed by the U.S. Chamber of Commerce, though its position has drawn criticism from some of its prominent members, with some major companies withdrawing from the organization in protest.The endangerment finding was part of a process prompted by a Supreme Court decision in 2007 that ordered the EPA to review scientific evidence for regulating climate-altering gases under the Clean Air Act.

The Bush administration largely ignored the decision. Obama, however, had promised before taking office that he would address the issue quickly.The long-anticipated announcement upped the ante for the administration and the Democrats in their push to pass a climate bill.

White House Press Secretary Robert Gibbs, however, cautioned not to read too much into the timing of the announcement."This is part of a process that started more than two years ago with a Supreme Court finding that the EPA should regulate greenhouse gases that threaten the
public health because it's a pollutant," he said.

Jackson said Monday that the endangerment finding was not intended to pressure Congress and that legislation was still the best way to address climate pollution and move toward clean energy.

In economic terms, complying with new emission regulations would be much more expensive than using the "cap-and-trade" provision in the climate bill, some analysts say.

The cap-and-trade system, under which companies could buy and trade permits to cover the greenhouse gases they release, is designed to minimize costs to emitters. For example, major emitters could use permits to spread the cost of reducing pollutants over time.If the EPA imposes rules, companies would probably have to move more quickly to make costly changes in their operations.

Even so, Jackson said, "I do not believe this is an 'either-or' proposition. I actually see this as a 'both-and.' I believe the Clean Air Act can complement legislative efforts."

She said the administration still planned to work with Congress to get a climate change bill to the president's desk.






http://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/08d11a451131bca585257685005bf252!OpenDocument



EPA: Greenhouse Gases Threaten Public Health and the Environment

Science overwhelmingly shows greenhouse gas concentrations at unprecedented levels due to human activity

WASHINGTON – After a thorough examination of the scientific evidence and careful consideration of public comments, the U.S. Environmental Protection Agency

(EPA) announced today that greenhouse gases (GHGs) threaten the public health and welfare of the American people. EPA also finds that GHG emissions from

on-road vehicles contribute to that threat.

GHGs are the primary driver of climate change, which can lead to hotter, longer heat waves that threaten the health of the sick, poor or elderly; increases

in ground-level ozone pollution linked to asthma and other respiratory illnesses; as well as other threats to the health and welfare of Americans.

“These long-overdue findings cement 2009’s place in history as the year when the United States Government began addressing the challenge of greenhouse-gas

pollution and seizing the opportunity of clean-energy reform,” said EPA Administrator Lisa P. Jackson. “Business leaders, security experts, government

officials, concerned citizens and the United States Supreme Court have called for enduring, pragmatic solutions to reduce the greenhouse gas pollution that

is causing climate change. This continues our work towards clean energy reform that will cut GHGs and reduce the dependence on foreign oil that threatens our

national security and our economy.”

EPA’s final findings respond to the 2007 U.S. Supreme Court decision that GHGs fit within the Clean Air Act definition of air pollutants. The findings do not

in and of themselves impose any emission reduction requirements but rather allow EPA to finalize the GHG standards proposed earlier this year for new

light-duty vehicles as part of the joint rulemaking with the Department of Transportation.

On-road vehicles contribute more than 23 percent of total U.S. GHG emissions. EPA’s proposed GHG standards for light-duty vehicles, a subset of on-road

vehicles, would reduce GHG emissions by nearly 950 million metric tons and conserve 1.8 billion barrels of oil over the lifetime of model year 2012-2016

vehicles.

EPA’s endangerment finding covers emissions of six key greenhouse gases – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and

sulfur hexafluoride – that have been the subject of scrutiny and intense analysis for decades by scientists in the United States and around the world.

Scientific consensus shows that as a result of human activities, GHG concentrations in the atmosphere are at record high levels and data shows that the Earth

has been warming over the past 100 years, with the steepest increase in warming in recent decades. The evidence of human-induced climate change goes beyond

observed increases in average surface temperatures; it includes melting ice in the Arctic, melting glaciers around the world, increasing ocean temperatures,

rising sea levels, acidification of the oceans due to excess carbon dioxide, changing precipitation patterns, and changing patterns of ecosystems and

wildlife.

President Obama and Administrator Jackson have publicly stated that they support a legislative solution to the problem of climate change and Congress’

efforts to pass comprehensive climate legislation. However, climate change is threatening public health and welfare, and it is critical that EPA fulfill its

obligation to respond to the 2007 U.S. Supreme Court ruling that determined that greenhouse gases fit within the Clean Air Act definition of air pollutants.

EPA issued the proposed findings in April 2009 and held a 60-day public comment period. The agency received more than 380,000 comments, which were carefully

reviewed and considered during the development of the final findings.

Information on EPA’s findings: http://www.epa.gov/climatechange/endangerment.html

A plan to green NYC food

Quinn Outlines Plan for NYC Food

NEW YORK, NY December 07, 2009 —

New York City Council Speaker Christine Quinn says its time to reform the city's food system. She wants to encourage local food industry jobs, and reduce the amount of food that's trucked in from other states."Food sales and food services in the five boroughs constitute a $30 billion market. But only two percent of the vegetables coming through the Hunts Point Market are produced in New York state," Quinn says.

Quinn says the city should expand farmers markets. She also wants to encourage more wholesalers and retailers to use local produce, and to make it easier for restaurants and homeowners to compost their scrap

EPA:greenhouse gas regs

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EPA/AR RIN: 2060-AP55 Publication ID: Fall 2009
Title: Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act
Abstract: On April 24, 2009, the Administrator published a proposed Endangerment Finding under section 202(a) of the Clean Air Act. This proposed finding had two components. First, the Administrator proposed to find that the current and projected concentrations of the mix of six key greenhouse gases - carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) - in the atmosphere endanger the public health and welfare of current and future generations through climate change. In the second component of the proposal, known as the Cause or Contribute Finding, the Administrator further proposed to find that the combined emissions of four of these six greenhouse gases from new motor vehicles and motor vehicle engines contribute to the atmospheric concentrations of these key greenhouse gases and hence to the threat of climate change. EPA has not proposed in this action any new regulation of motor vehicle or motor vehicle emissions. Agency: Environmental Protection Agency(EPA) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 7521(a)
Legal Deadline: None

Statement of Need: This action responds to the Supreme Court’s decision in Massachusetts v. EPA, 549 U.S. 497 (2007), in which the court found that

greenhouse gases are air pollutants under the CAA. The Court held that the Administrator must determine whether or not emissions of greenhouse gases from new

motor vehicles and new motor vehicle engines cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare,

or whether the science is too uncertain to make a reasoned decision.

Summary of the Legal Basis: The legal basis is Section 202(a) of the Clean Air Act.

Alternatives: Not yet determined.

Anticipated Costs and Benefits: This action does not include any proposed standards and does not itself impose any requirements on industry or other

entities.

Risks: The effects of climate change observed to date and projected to occur in the future include, but are not limited to, more frequent and intense heat

waves, more severe wildfires, degraded air quality, more heavy downpours and flooding, increased drought, greater sea level rise, more intense storms, harm

to water resources, harm to agriculture, and harm to wildlife and ecosystems.
Timetable:
Action Date FR Cite
Proposal 04/24/2009 74 FR 18886
Final 12/00/2009
Additional Information: Previously reported as RIN 2060-ZA14. SAN No. 5335; EPA publication information: Proposal -

http://www.epa.gov/fedrgstr/EPA-AIR/2009/April/Day-24/a9339.pdf. EPA Docket information: EPA-HQ-OAR-2009-0171
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Small Entities Affected: No Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: www.epa.gov/climatechange/endangerment.html
RIN Data Printed in the FR: No
Agency Contact:
Rona Birnbaum
Environmental Protection Agency
Air and Radiation
6207J,
Washington, DC 20460
Phone:202 343-9076
Fax:202 565-2140
Email: birnbaum.rona@epamail.epa.gov

Ben DeAngelo
Environmental Protection Agency
Air and Radiation
6207J,
Washington, DC 20460
Phone:202 343-9107
Email: DeAngelo.Ben@epamail.epa.gov






View Rule
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EPA/AR RIN: 2060-AO79 Publication ID: Fall 2009
Title: Greenhouse Gas Mandatory Reporting Rule
Abstract: The FY 2008 Consolidated Appropriations Act, which was signed into law on December 26, 2007, authorized funding for EPA to “develop and publish a draft rule not later than 9 months after the date of enactment of this Act, and a final rule not later than 18 months after the date of enactment of this Act, to require mandatory reporting of greenhouse gas emissions above appropriate thresholds in all sectors of the economy of the United States.” The accompanying joint explanatory statement directed EPA to "use its existing authority under the Clean Air Act" to develop a mandatory greenhouse gas reporting rule. The joint explanatory statement went on to say that "The Agency is further directed to include in its rule reporting of emissions resulting from
upstream production and downstream sources, to the extent that the Administrator deems it appropriate.” Accordingly this rulemaking would establish monitoring, reporting, and recordkeeping requirements on facilities that produce, import, or emit greenhouse gases above a specific threshold in order to provide comprehensive and accurate data to support a range of future climate policy options.
Agency: Environmental Protection Agency(EPA)

Priority: Economically Significant RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions
Major: Yes Unfunded Mandates: No
CFR Citation: 40 CFR 86, 87, 89, 90, 94, and 98 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 7401 et seq
Legal Deadline:
Action Source Description Date
Final Statutory FY08 Consolidated Appropriations directed EPA to publish final 18 mos after enactment 06/26/2009
NPRM Statutory FY08 Consolidated Appropriations directed EPA to publish a proposal 9 mos after enactment 09/26/2008
Timetable:
Action Date FR Cite
Notice 03/25/2009 74 FR 12782
NPRM 04/10/2009 74 FR 16447
NPRM Comment Period End 06/09/2009
Final Action 10/30/2009 74 FR 56259
Additional Information: SAN No. 5242; EPA publication information: NPRM--http://edocket.access.gpo.gov/2009/pdf/E9-5711.pdf; EPA Docket information:

EPA-HQ-OAR-2008-0508
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, Local, State
Small Entities Affected: Businesses, Governmental Jurisdictions Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html
RIN Data Printed in the FR: No
Agency Contact:
Carole Cook
Environmental Protection Agency
Air and Radiation
6207J,
Washington, DC 20460
Phone:202 343-9334
Email: Cook.Carole@epamail.epa.gov

Suzanne Kocchi
Environmental Protection Agency
Air and Radiation
6207J,
Washington, DC 20460
Phone:202 343-9387
Email: Kocchi.Suzanne@epamail.epa.gov

FDA: Produce safety regulation

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HHS/FDA RIN: 0910-AG35 Publication ID: Fall 2009
Title: ¤Produce Safety Regulation
Abstract: The Food and Drug Administration is proposing to promulgate regulations setting enforceable standards for fresh produce safety at the farm and packing house. The purpose of the proposed rule is to reduce the risk of illness associated with contaminated fresh produce. The proposed rule will be based on prevention-oriented public health principles and incorporate what we have learned in the past decade since the agency issued general good agricultural practice guidelines entitled “Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables” (GAPs Guide). The proposed rule also will reflect comments received on the agency's 1998 update of its GAPs guide and its July 2009 draft commodity specific guidances for tomatoes, leafy greens, and melons. Although the proposed rule will be based on recommendations that are included in the GAPs guide, it does not make the entire guidance mandatory. FDA’s proposed rule would, however, set out clear standards for implementation of modern preventive controls. The proposed rule also would emphasize the importance of environmental assessments to identify hazards and possible pathways of contamination and provide examples of risk reduction practices
recognizing that operators must tailor their preventive controls to particular hazards and conditions affecting their operations. The requirements of the proposed rule would be scale appropriate and commensurate with the relative risks and complexity of individual operation. FDA intends to issue guidance after the proposed rule is finalized to assist industry in complying with the requirements of the new regulation. Agency: Department of Health and Human Services(HHS) Priority: Economically Significant RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes Unfunded Mandates: No
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 21 USC 342; 21 USC 371; 42 USC 264
Legal Deadline: None

Statement of Need: FDA has determined that enforceable standards (as opposed to voluntary recommendations) for the production and packing of fresh produce

are necessary to ensure best practices are commonly adopted.

Summary of the Legal Basis: FDA's legal basis derives in part from sections 402(a)(4) and 701(a) of the Federal Food, Drug, and Cosmetic Act (the Act) (21

U.S.C. 342(a)(4) and 371(a)). The agency has promulgated regulations that respond to a number of the provisions of the 1986 amendments. This final rule would

address additional provisions of these amendments.

Alternatives: An alternative to this rulemaking would be to update FDA’s 1998 GAPs Guide. However, even though the 1998 guidance has been well received and

widely adopted, outbreaks associated with fresh produce continue. Outbreak investigations also continue to observe conditions and practices that are not

consistent with the voluntary recommendations. FDA believes a regulation containing clear, enforceable standards would be more effective in ensuring best

practices are widely adopted.

Anticipated Costs and Benefits: FDA estimates that the costs to more than 300,000 domestic and foreign producers and packers of fresh produce from the

proposal would include one-time costs (e.g., new tools and equipment) and recurring costs (e.g., monitoring, training, recordkeeping). FDA anticipates that

the benefits would be a reduction in foodborne illness and deaths associated with fresh produce. Monetized estimates of costs and benefits are not available

at this time.

Risks: This regulation would directly and materially advance the Federal Government's substantial interest in reducing the risks for illness and death

associated with foodborne infections resulting from the consumption of contaminated fresh produce. Less restrictive and less comprehensive approaches have

not been effective in reducing the problems addressed by this regulation. FDA anticipates that the regulation would lead to a significant decrease in

foodborne illness associated with fresh produce in the U.S.
Timetable:
Action Date FR Cite
NPRM 10/00/2010
Regulatory Flexibility Analysis Required: Yes Government Levels Affected: None
Small Entities Affected: Businesses Federalism: Undetermined
Included in the Regulatory Plan: Yes
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes
Agency Contact:
Samir Assar
Department of Health and Human Services
Food and Drug Administration
Center for Food Safety and Applied Nutrition, Office of Food Safety, 5100 Paint Branch Parkway,
College Park, MD 20740
Phone:301 436-1636
Email: samir.assar@fda.hhs.gov

WIC food packages comment period

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USDA/FNS RIN: 0584-AD77 Publication ID: Fall 2009
Title: Special Supplemental Nutrition Program for Women, Infants, and Children (WIC): Revisions in the WIC Food Packages
Abstract: This final rule implements the first comprehensive revisions to the WIC food packages since 1980. These revised food packages were developed to better reflect current nutrition science and dietary recommendations than do current food packages, within the parameters of current program costs. This final rule revises regulations governing the WIC food packages to align the WIC food packageswith the Dietary Guidelines for Americans (DGA) and current infant feeding practice guidelines of the American Academy of Pediatrics, better promote and support the establishment of successful long-term breastfeeding, provide WIC participants with a wider variety of food, and provide WIC State agencies with greater flexibility in prescribing food packages to accommodate participants with cultural food preferences. (05-006)
Agency: Department of Agriculture(USDA) Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage
Major: Yes Unfunded Mandates: No
CFR Citation: 7 CFR 246 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 1786
Legal Deadline:
Action Source Description Date
Final Statutory 11/00/2006

Overall Description of Deadline: CN and WIC Reauthorization Act of 2004 (Public Law 108-265) requires issuance of a final rule within 18 months of release of

IOM Report.
Timetable:
Action Date FR Cite
NPRM 08/07/2006 71 FR 44784
NPRM Comment Period End 11/06/2006
Interim Final Rule 12/06/2007 72 FR 68966
Interim Final Rule Effective 02/04/2008
Interim Final Rule Comment Period End 02/01/2010
Final Action 02/00/2011
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: Businesses, Governmental Jurisdictions Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.fns.usda.gov/wic Public Comment URL: www.fns.usda.gov/wic
RIN Data Printed in the FR: No
Agency Contact:
James F. Herbert
Regulatory Review Specialist
Department of Agriculture
Food and Nutrition Service
10th Floor, 3101 Park Center Drive,
Alexandria, VA 22302
Phone:703 305-2572
Email: james.herbert@fns.usda.gov

Raspberry promotion order

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USDA/AMS RIN: 0581-AC79 Publication ID: Fall 2009
Title: Processed Raspberry Promotion, Research, and Information Order
Abstract: The Processed Raspberry Promotion, Research, and Information Order (Order) would be implemented under the Commodity Promotion, Research, and

Information Act of 1996. The purpose of the new program would be to increase the consumption of processed raspberries in the United States. The proposed new

program will assist the processed raspberry industry to: (1) Develop and finance an effective and coordinated program to strengthen the position of the

processed raspberry industry; and (2) maintain, develop, and expand existing markets for processed raspberries. Over the last 15 years, total domestic

production of raspberries delivered to processors has increased modestly while imported raspberries have surged. It is the hope of the domestic processed

raspberry industry that a Research and Promotion Program will help balance the supply and demand, grow the market in the aggregate for all suppliers, and

increase the consumption of processed raspberries.
Agency: Department of Agriculture(USDA) Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 7 CFR 1208 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 7 USC 7411 to 7425
Legal Deadline: None
Timetable:
Action Date FR Cite
NPRM 04/09/2009 74 FR 16265
NPRM Comment Period End 06/08/2009
Second NPRM 12/00/2009
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact:
Sonia Jimenez
Marketing Specialist
Department of Agriculture
Agricultural Marketing Service
Room 2535, South Building, P.O. Box 96456,
Washington, DC 20050-6456
Phone:202 720-9915
Fax:202 205-2800
Email: sonia.jimenez@usda.gov

USDA amending regs for Organic national list

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USDA/AMS RIN: 0581-AC77 Publication ID: Fall 2009
Title: National Organic Program, Sunset (2011) (Crops and Processing) (TM-07-14)
Abstract: The Agricultural Marketing Service (AMS) is amending regulations pertaining to the National List of Allowed and Prohibited Substances. As required by the National Organic Foods Production Act of 1990, the allowed use of the 12 synthetic and non-synthetic substances in organic production and handling will expire on September 12, 2011. The AMS published an advance notice of proposed rulemaking to make the public aware of this requirement. AMS believes that public comment is essential in the review process to determine whether these substances should continue to be allowed or prohibited in the production and handling of organic agricultural products.
Agency: Department of Agriculture(USDA) Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 7 CFR 205 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 7 USC 6501
Legal Deadline: None
Timetable:
Action Date FR Cite
ANPRM 03/14/2008 73 FR 13795
ANPRM Comment Period End 05/13/2008
NPRM 10/00/2010
Final Action 08/00/2011
Regulatory Flexibility Analysis Required: Yes Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact:
Richard H. Mathews
Chief of Standards Development and Review Branch
Department of Agriculture
Agricultural Marketing Service
Rm. 2510-South, 1400 Independence Avenue SW,
Washington, DC 20250
Phone:202 720-3252
Fax:202 205-7808
Email: richard.mathews@usda.gov

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Eggplant from Israel pending rulemaking

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USDA/APHIS RIN: 0579-AC88 Publication ID: Fall 2009
Title: ¤Importation of Eggplant From Israel
Abstract: This rulemaking will allow the importation into the continental United States of commercial consignments of fresh eggplant from Israel. As a

condition of entry, the eggplant must be grown under a systems approach that includes requirements for pest exclusion at the production site, fruit fly

trapping inside and outside the production site, and pest-excluding packinghouse procedures. The eggplant must be accompanied by a phytosanitary certificate

issued by the Israeli national plant protection organization with an additional declaration confirming that the eggplants have been produced in accordance

with those requirements. This action will allow for the importation of commercial consignments of fresh eggplant from Israel into the United States while

continuing to provide protection against the introduction of quarantine pests.
Agency: Department of Agriculture(USDA) Priority: Routine and Frequent
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions
Major: No Unfunded Mandates: No
CFR Citation: 7 CFR 319 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a
Legal Deadline: None
Timetable:
Action Date FR Cite
NPRM 11/12/2008 73 FR 66807
NPRM Comment Period End 01/12/2009
Final Rule 06/03/2009 74 FR 26511
Final Rule Effective 07/06/2009
Additional Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Small Entities Affected: Businesses, Organizations Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact:
Donna L. West
Senior Import Specialist, Regulatory Coordination and Compliance, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 133,
Riverdale, MD 20737-1231
Phone:301 734-0627

Morocco.tomatoes to U.S.

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USDA/APHIS RIN: 0579-AC77 Publication ID: Fall 2009
Title: Importation of Tomatoes From Souss-Massa, Morocco
Abstract: This action will allow the importation of commercial consignments of tomatoes from the Souss-Massa region of Morocco subject to a systems approach similar to that which is already in place for tomatoes imported into the United States from other areas of Morocco. The tomatoes will have to be produced under conditions that will include requirements for pest exclusion at the production site, fruit fly trapping inside the production site, and pest-exclusionary packinghouse procedures. The tomatoes will also be required to be accompanied by a phytosanitary certificate issued by the Moroccan national plant protection organization with an additional declaration stating that the tomatoes have been grown in registered greenhouses in the Souss-Massa region and were 60 percent or less pink at the time of packing. This action will allow for the importation of commercial consignments of tomatoes from the Souss-Massa region of Morocco into the United States while continuing to provide protection against the introduction of quarantine pests.
Agency: Department of Agriculture(USDA) Priority: Routine and Frequent
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions
Major: No Unfunded Mandates: No
CFR Citation: 7 CFR 319 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 21 USC 136 and 136a
Legal Deadline: None
Timetable:
Action Date FR Cite
NPRM 05/16/2008 73 FR 28377
NPRM Comment Period End 07/15/2008
Final Action 11/02/2009 74 FR 56523
Final Action Effective 12/02/2009
Additional Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal
Small Entities Affected: Businesses, Organizations Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No
Agency Contact:
Charisse Cleare
Regulatory Coordination Specialist, Regulations, Permits & Manuals, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 156,
Riverdale, MD 20737
Phone:301 734-0773

Movement of fruit interstate from citrus canker region

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USDA/APHIS RIN: 0579-AC96 Publication ID: Fall 2009
Title: ¤Citrus Canker; Movement of Fruit From Quarantined Areas
Abstract: This action will amend the citrus canker regulations to modify the conditions under which fruit may be moved interstate from a quarantined area. We will eliminate the requirement that each lot of finished fruit be inspected at the packinghouse and found to be free of visible symptoms of citrus canker, and we will remove the current prohibition on the movement of fruit from a quarantined area to ommercial citrus-producing States. We will continue to require fruit moved interstate from a quarantined area be treated with an approved disinfectant and packed in a commercial packinghouse that operates under a compliance agreement. These changes will relieve some restrictions on the interstate movement of fresh citrus fruit from quarantined areas while maintaining conditions that will prevent the artificial spread of citrus canker.
Agency: Department of Agriculture(USDA) Priority: Other Significant
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions
Major: No Unfunded Mandates: No
CFR Citation: 7 CFR 301 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786
Legal Deadline: None
Timetable:
Action Date FR Cite
NPRM 06/30/2009 74 FR 31201
NPRM Comment Period End 08/31/2009
Final Action 10/22/2009 74 FR 54431
Additional Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: Yes Government Levels Affected: None
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes
Agency Contact:
Stephen Poe
Senior Operations Officer, Emergency and Domestic Programs, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
Unit 134, 4700 River Road, Unit 137,
Riverdale, MD 20737-1231
Phone:301 734-4387

Light brown apple moth: pending rulemaking

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USDA/APHIS RIN: 0579-AC71 Publication ID: Fall 2009
Title: Light Brown Apple Moth Quarantine
Abstract: We are quarantining 10 counties in California and the entire State of Hawaii because of the light brown apple moth and restricting the interstate

movement of regulated articles from the quarantined areas. This action is necessary on an emergency basis to prevent the spread of the light brown apple moth

into noninfested areas of the United States.
Agency: Department of Agriculture(USDA) Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 7 CFR 301 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 7 USC 7701 to 7772; 7 USC 7781 to 7786
Legal Deadline: None
Timetable:
Action Date FR Cite
Interim Final Rule 12/00/2009
Interim Final Rule Comment Period End 02/00/2010
Additional Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: Yes Government Levels Affected: Local, State
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: Yes
Agency Contact:
Deborah McPartlan
Staff Officer, Emergency and Domestic Programs, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 134,
Riverdale, MD 20737-1236
Phone:301 734-5356

Agricultural Inspection and AQI User Fees Along the U.S./Canada Border

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USDA/APHIS RIN: 0579-AC06 Publication ID: Fall 2009
Title: Agricultural Inspection and AQI User Fees Along the U.S./Canada Border
Abstract: This action amended the foreign quarantine and user fee regulations by removing the exemptions from inspection for fruits and vegetables grown in Canada and the exemptions from user fees for commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international air passengers entering the United States from Canada. As a result of this action, all agricultural products imported from Canada are subject to inspection, and commercial conveyances, as well as airline passengers arriving on flights from Canada, will be subject to inspection and user fees. We took this action in part because we were not recovering the costs of our inspection activities at the U.S./Canada border. In addition, our data showed an increasing number of interceptions on the U.S./Canada border of prohibited material that originated in regions other than Canada that presents a high risk of introducing plant pests or animal diseases into the United States. These findings, combined with additional Canadian airport preclearance data on interceptions of ineligible agricultural products approaching the U.S. border from Canada, strongly indicated that we needed to expand and strengthen our pest exclusion and smuggling interdiction efforts at that border. In order to do this and to recover the costs of our existing inspection activity, we need to collect user fees from commercial conveyances and international air passengers entering the United States from Canada.
Agency: Department of Agriculture(USDA) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage
Major: No Unfunded Mandates: No
CFR Citation: 7 CFR 319; 7 CFR 354 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 7 USC 450; 7 USC 7701 to 7772; 7 USC 7781 to 7786; 7 USC 8301 to 8317; 21 USC 136 and 136a; 49 USC 80503
Legal Deadline: None
Timetable:
Action Date FR Cite
Interim Final Rule 08/25/2006 71 FR 50320
Interim Final Rule Comment Period End 11/24/2006
Interim Final Rule Effective 11/24/2006
Delay of Effective Date 11/22/2006 71 FR 67436
Delay of Effective Date 02/26/2007 72 FR 8261
Final Action 12/00/2009
Additional Information: Additional information about APHIS and its programs is available on the Internet at http://www.aphis.usda.gov.
Regulatory Flexibility Analysis Required: Yes Government Levels Affected: Federal
Small Entities Affected: Businesses, Governmental Jurisdictions Federalism: No
Included in the Regulatory Plan: No
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: Yes
Agency Contact:
Cynthia Stahl
Senior Staff Officer, Quarantine Policy, Analysis, and Support, PPQ
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road, Unit 60,
Riverdale, MD 20737
Phone:301 734-8415

Dole debt upgraded by Fitch


Fitch Upgrades Dole's IDR to 'B'; Outlook Stable


CHICAGO--(BUSINESS WIRE)--Fitch Ratings has upgraded the ratings of Dole Food Company, Inc. (Dole) and Solvest Ltd as follows:

Dole (Operating Company)

--Long-term Issuer Default Rating (IDR) to 'B' from 'B-';

--Secured asset-based (ABL) revolver to 'BB/RR1' from 'BB-/RR1';

--Secured term loan B to 'BB/RR1' from 'BB-/RR1';

--Third-lien secured notes to 'B+/RR3' from 'B-/RR4';

--Senior unsecured debt to 'CCC/RR6' from 'CC/RR6'.

Solvest Ltd. (Bermuda-based Subsidiary)

--Long-term IDR to 'B' from 'B-';

--Secured term loan C to 'BB/RR1' from 'BB-/RR1'.

On Oct. 10, 2009, Dole had approximately $2.3 billion of consolidated debt, $102 million of unrestricted cash and $302.5 million of restricted cash on deposit for the payoff of its $363 million 7.25% notes due June 15, 2010.

The Ratings Upgrades:

The upgrades reflect the significant level of debt reduction following Dole's Oct. 22, 2009 initial public offering (IPO), the elimination of near-term refinancing risk and continued improvement in the company's cash flow. Fitch estimates Dole's pro forma debt, post the Oct. 22, 2009 IPO and subsequent use of the majority of net proceeds for debt reduction, to be approximately $1.7 billion.

Dole received $415 million of net proceeds from its IPO and used approximately $381 million to repay debt. Debt repaid includes the following: $130 million of its 8.875% unsecured notes due 2011 on Nov. 30, 2009, $119 million of its 13.875% third-lien notes due March 15, 2014 on Nov. 27, 2009, $85 million of holding company debt transferred to the company as a result of the merger of DHM Holdings into Dole, and $47 million borrowings under its ABL revolver.

On Oct. 26, 2009, Dole redeemed all of its $363 million of 7.25% unsecured notes due June 15, 2010 using proceeds from the issuance of $315 million secured notes on Sept. 25, 2009. Proceeds from this issuance were deposited in a restricted trust account for the purpose of repaying this debt. The refinancing of the 2010 maturity along with the repayment of $130 million of its $200 million 8.875% unsecured notes due 2011 has eased the near-term refinancing concerns Fitch had regarding the company.

For the latest 12-month (LTM) period ended Oct. 10, 2009, operating earnings, before, interest, taxes and depreciation (EBITDA), excluding gains from asset sales and other non-operating income, was $407 million. Based on Fitch's estimate of total debt pro forma for the IPO and subsequent debt reduction, Dole's total debt-to-operating EBITDA approximates 4.1 times (x). This is considerably lower than the 5.7x at the year ended Jan. 1, 2009.Fitch believes Dole can maintain average leverage in the 4.0x to 5.0x range absent any unanticipated shocks to product and distribution costs in the near- to intermediate-term. Upcoming maturities are limited to $70 million 8.875% unsecured notes due March 15, 2011 and $155 million of unsecured notes due July 15, 2013. The company's ABL revolver expires April 12, 2011.Recovery prospects for Dole's third-lien notes have improved as Fitch previously anticipated due to the company's debt reduction. The 'RR1' rating on Dole's secured bank debt reflects the fact that recovery prospects on this debt remain outstanding at 91%-100%. The 'RR3' rating on the company's third-lien secured
notes indicates good recovery prospects of 51%-70%. And finally, the 'RR6' rating on the ompany's senior unsecured debt reflects Fitch's belief that recovery would be below 10% if there was an event of default.

European Banana Tariffs:

Dole's cash flow should benefit from the pending reduction of the current 176 euro/metric ton import tariff on bananas sourced from Latin America and sold into the European Union. The current tariff has been in place since Jan. 1, 2006 but is expected to be reduced 16% to 148 euro/metric ton beginning in 2010 and then by a total of 35% to 114 euro/metric ton by 2016. Dole anticipates that its costs will fall about $15 million in 2010 and then by a total of $35 million annually by 2016. Fitch views the reduction positively and has incorporated the tariff decline into its near- to intermediate-term financial projections for Dole.

Recent Operating Performance:

For the nine months ended Oct. 10, 2009, consolidated revenue declined 12% to $5.2 billion. Excluding divestitures, the decline was 7% and was approximately 4% excluding $187 million of unfavorable currency movements. Dole reported operating income growth of 32% to $275.6 million. Operating income would have been lower by approximately $10 million excluding the benefits of currency. The biggest drivers to operating income growth were improvement in the profitability of the company's Packaged Foods and Fresh Vegetables segments. The company had lower product, shipping and distribution costs along with better pricing in Packaged Foods. Fitch does not expect Dole's cost frontier to be as favorable in 2010 due to the potential for higher packaging and bunker fuel expenses. Dole has indicated that it has minimal bunker fuel hedges currently in place for fiscal 2010.For the LTM period ended Oct. 10, 2009, Dole generated $277 million of free cash flow (FCF)(defined as cash flow from operations less capital expenditures and dividends), after producing negative FCF annually since 2005. Operating cash flow has benefited from higher operating income and significant improvements in working capital. Fitch does not expect FCF generation to remain at current high levels, given the on-going volatility of the fresh produce industry.

Liquidity:

On Oct. 10, 2009, Dole's $340.5 million of liquidity included $102 million of unrestricted cash and $238.5 million available, excluding approximately $91.6 million of letters of credit, under its $350 million ABL revolver. Dole's ABL matures on April 12, 2011, and as of Oct. 10, 2009 had a borrowing base of $330.1 million.

Dole's targeted $200 million of asset sales for fiscal 2009 further improve the company's liquidity. Year-to-date through the third-quarter ended Oct. 10, 2009, cash received from divestitures totalled $94.4 million. Following the close of the third quarter, Dole sold three box plants, in addition to one sold during the third quarter. Total proceeds from these asset sales are expected to be approximately $100 million. Dole has earmarked these proceeds for debt reduction.

Zogby: O Holy Night tops the Christmas chart

O Holy Night Tops the Charts

White Christmas and the Christmas Song come in second and third

Utica, NY -- Americans prefer signs that it's Christmas starting the day after Thanksgiving, with 59% of adults saying they like to see Christmas lights on homes, store displays, and hear Christmas tunes on the radio the day after Thanksgiving and no sooner (and also no later!), according to a new Zogby poll.

Speaking of Christmas tunes, out of a list of nine choices, we asked Americans to vote for their three favorite holiday songs. O Holy Night was the clear winner with 58% of adults voting for it as their 1st, 2nd, or 3rd favorite holiday song. White Christmas (41%), and The Christmas Song (Chestnuts Roasting on an Open Fire) (38%) also topped the list. Grandma Got Run Over by a Reindeer (10%) and Adam Sandler's the Hanukkah Song (9%) received the fewest votes.

Here's the overall ranking:

#1 O Holy Night: 58%
#2 WhiteChristmas: 41%
#3 The Christmas Song (Chestnuts Roasting on an Open Fire): 38%
#4 It's Beginning to Look a Lot Like Christmas: 28%
#5 It's the Most Wonderful Time of the Year: 24%
#6 Trans-Siberian Orchestra's Christmas Eve/Sarajevo 12/24: 17%
#7 Rudolph the Red-Nosed Reindeer: 15%
#8 Grandma Got Run Over by a Reindeer: 10%
#9 Adam Sandler's The Hanukkah Song: 9%

Most Republicans enjoy O Holy Night, with 67% of them voting for it as one of their three favorite holiday songs compared to 56% of independents and 50% of Democrats. More women (62%) than men (53%) prefer this song and considering the strong religious theme, so do adults who attend religious services at least once a week. Seventy-six percent of adults who attend religious services more than once a week say O Holy Night is on their top three list as do 72% of Americans who go to church at least weekly. Only 25% of people who say they never attend religious services picked O Holy Night as one of their three favorite holiday songs. White Christmas leads among those who never attend religious services but only 36% of this group voted for White Christmas as a top
three; 16% said either none of the listed songs were their favorite or that they do not listen to or enjoy holiday songs.

Gitomer: Social media the new cold call

Sales Moves: Social media, the new cold call
Sales Moves
Jeffrey Gitomer

People are pretty polarized about the social media craze. It's an Internet tug-of-war between the believers and the non-believers. And one by one, the believers (the users) are dragging the non-believers (the non-users) across the line.Which one are you?

The big six — Facebook, YouTube, LinkedIn, Twitter, Ning, and Flickr — pretty much dominate the market. If you're going to play in the social media world, they are the sandbox. Everyone else that's not in the big six goes into their branding meetings wishing their name was LinkedIn.
Social media, or social networking, has taken the world by storm. Actually tsunami. It's a tidal wave of people, photos, videos and tweets that equal massive connections.

REALITY: Millions of businesses have social media logos on the front page of their Web site. How many businesses have your logo up there, and who wants to connect to your people? Ouch!

There are major business implications and opportunities that are afforded through this new online phenomena. Here are 6.5 of them:

1. Facebook — You found your old high school or college friends, or better, they found you. That's your "social" page. The business question is, "Do you have a fan page?" A fan page is the way to give value and attract new friends and customers.

REALITY BYTES: Facebook was just valued at $9.5 billion. A couple of 24-year-olds changed the Internet forever in less than six years.

2. Twitter — The newest of the social media, it's gibberish to some, money to others, and a mystery to most. I tweet one value message every day. I tweet my own thoughts and words. I recommend you do the same.

3. YouTube — If it's a video world, why are you without your HD Flip? As you know from MTV, video killed the radio star. I have a dedicated YouTube channel where I post sales tips and random rants about attitude, trust, loyalty and other business value points. How are you taking advantage of YouTube? Where are your customer video testimonials when you really need them?

4. LinkedIn — All business, all opportunity, all connections. But it's a giant leads club until someone figures out what their value proposition is and how to deliver it. The key right now is to build a base of connections and consistently deliver value messages to attract more.

5. Flickr — Photos to post and photos to find. In a 10-year span of time, one-hour photo shops have gone from boom to bust. Digital images and photo printers have killed the radio star. Look at photos of others to learn about them, and post pictures of family so they can learn about you. Attach them to e-mails. Use them in presentation slides. Post them on Facebook. It's fun and a great way to build understanding and relationships.

6. Ning — The internal social network that allows companies to communicate among each other about projects or business — or both. A golden opportunity to produce more at optimum communication levels.

6.5. YOU — The largest element in social media or social networking is you. What you do, what you post, what you tweet, what you shoot, what you record, and the work (dedication) to make your personal message and your personal brand attractive.

There are key words to consider as you try to build your social media world. Connections, attract, video, value, consistent, fan, relevance, write, allocate, monetize.

But there's a secret. How you position and promote yourself in the NON-social media world is critical to your success in the social media world. Your writing, your Web site, your blog, your ezine, your personal brand in your marketplace, your perceived value in the marketplace, and your reputation are elements of attraction that affect your social media status — and surely your success.And then there are the charlatans and those trying to take unfair advantage of others. Like anything else in business, there will always be a small percentage of idiots and zealots doing the wrong thing. Ignore them; don't let the actions of a few spoil your outlook to advance and grow.

There are billions of dollars of new business being generated by social media — how much of it will you get? Maybe you need to get a bit more serious about being a bit more social.

Jeffrey Gitomer is the author of The Sales Bible and The Little Red Book of Selling. President of Charlotte-based Buy Gitomer, he gives seminars, runs annual sales meetings, and conducts Internet training programs on selling and customer service at www.trainone.com. He can be reached at 704-333-1112.

at salesman@gitomer.com

Tancredo's proposal has been backed by left before

Tancredo proposal been tried by the left before - Examiner

Former Colorado Congressman Tom Tancredo's 2010 ballot proposal to require that employers verify the immigration status of new hires has met with the somewhat predictable charges of racism from members of the left wing of the Democratic party. Those of us with longer memories, however, may recall that the Tancredo proposal, or something very much like it, was, in fact, once proposed by, you guessed it, members of the left wing of the Democratic party.

For example, Radio America talk show host Thom Hartmann, whose left-wing pedigree is clearly beyond debate, made the case for the Tancredo proposal years prior. Usually the proposal was offered as an alternative to the confiscation of cars of unlicensed drivers and other measures aimed directly at illegals and their families, which the left viewed as petty and mean-spirited. Worse, according to Hartmann, those measures were seen as half-hearted and doomed to failure, providing political cover for the very businesses that profited from illegal labor. The only justifiable and effective measures, according to Hartmann and others, would be sanctions aimed at the employers of illegals. In particular, members of organized labor, some of which were and are very left-leaning, agreed with Hartmann.

Illegals, they argued, were not only impossible to organize, but the employment of illegals and the failure to take the only truly effective steps to stop it constituted a conspiracy by the corporations to drive the wages of all Americans to Third World levels. What has changed?

Colorado Democratic party chairwoman Pat Waak, charges that the proposal, which would employ the federal E-Verify system, might "jeopardize job recovery." Certainly for unemployed illegals this might be the case. State Representative Edward Casso D-Commerce City claims that the measure "does nothing but inspire a racist agenda," though the proposal would have the same affect on European, Australian or Canadian illegals that it would on Hispanic or Asian illegals.

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'Green' cuisine not always as ordered - Washington Post

'Green' cuisine not always as ordered - Washington Post

At Founding Farmers restaurant, the cedar-smoked salmon is advertised as "sustainable." On its November menu, the green-certified restaurant boasted of partnerships with six small farms and dairies. "The difference between institutional/corporate farming vs. family farming affects everyone: our health, our land and our lives," the menu read. "You can trust we understand this difference."

But being green isn't always what it seems.

The restaurant serves farmed Atlantic salmon, a no-no according to seafood watch groups that condemn the pollution and other environmental impacts of salmon farming. Its supplier, Cooke Aquaculture, is one of the largest salmon farms in North America. And three of the small farms named on that November menu had not sold to the restaurant in nearly six months.

In an eco-conscious era, "sustainable" and "green" food are buzzwords that sell. Although there are no strict definitions for either, they suggest to manythat food is sourced from smaller, local farms that do not use industrial methods to raise produce and livestock and do not ship it over long distances. The 2010 Zagat survey of U.S. restaurants reports that 61 percent of diners are willing to pay more for green products and menu items, up 5 percent from last year despite the tough economy.

Go to the link for more....

Target Corporation Reports November Sales Results

Target Corporation Reports November Sales Results

MINNEAPOLIS--(BUSINESS WIRE)--Target Corporation (NYSE:TGT) today reported that its net retail sales for the four weeks ended November 28, 2009 were $5,689 million, an increase of 1.5 percent from $5,605 million for the four weeks ended November 29, 2008. On this same basis, November comparable-store sales decreased 1.5 percent.

“Sales were slightly below our expectations for November, as softer results in the first three weeks of the month were substantially offset by better-than-expected sales during our post-Thanksgiving Two-Day sale,” said Gregg Steinhafel, chairman, president and chief executive officer of Target

Corporation. “Sales were stronger on Black Friday than Saturday, with particular strength in electronics, toys, apparel, domestics, small appliances and beauty. On-line sales during this two-day period were also quite strong. For the month overall, comparable store transactions were positive and inventories remain well-controlled, giving us confidence in our ability to perform well during the holiday season in what continues to be a challenging economic environment.”