Poisoned Lottery Winner's Body to Be Exhumed













The body of a $1 million lottery jackpot winner will likely be exhumed from Rosehill Cemetery in Chicago, according to the Cook County medical examiner, who determined that the winner died of cyanide poisoning.


Last June Urooj Khan, 46, won $1 million in a scratch-off lottery game, or $425,000 after taxes, but he died unexpectedly on July 20. Since there were no signs of foul play or any cause for suspicion, his death was attributed to arteriosclerotic cardiovascular disease, which covers heart attacks, stroke or ruptured aneurysm.


But a few days after the death certificate was issued, a family member called the medical examiner's office and asked that the death be investigated, said Dr. Stephen Cina, Cook County's chief medical examiner. Cina said he could not disclose the identity of the family member because of the ongoing investigation.


"We are in discussion with the state attorney about whether we are going to do an exhumation. Right now, we are leaning in that direction. We have a cause and matter of death on the books, and we're comfortable with that," Cina told ABCNews.com. "If or when this goes to court, it would be nice to have all the data possible."






Illinois Lottery/AP Photo











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Cina said the final toxicology results came back in late November showing a lethal level of cyanide, which led to the homicide investigation. Melissa Stratton, a spokeswoman for the Chicago Police Department, confirmed a murder investigation had been "under way," and that the police department had been working closely with the medical examiner's office.


Khan is survived by his wife, Shabana Ansari, 32, and teenage daughter. The family owned three dry-cleaning businesses in Chicago.


Ansari told the Chicago Tribune that Khan was "the best husband on the entire planet" and "extraordinary, nice, kind and lovable."


Ansari could not be reached by ABC News for comment.


The police are not confirming whether Khan's lottery winnings played a part in the homicide.


In Photos: Biggest Lotto Jackpot Winners


When asked why cyanide, a chemical asphyxiant that binds to red blood cells and prevents the entry of oxygen, was not found in the initial examination of Khan's body, Cina said, "Quite frankly, it's unusual as a cause of death, so it's not at the top of your mind."


He said about 50 percent of people can smell cyanide, but it is more noticeable when the body is opened up.


Sometimes the coloring of blood changes with cyanide poisoning after death, becoming "more reddish than purple," he said.


"In this case that wasn't particularly striking," Cina said, describing the first examination of Khan's body.


"It strangles your red blood cells at a biochemical level," he said.



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Activists wary as India rushes to justice after gang rape


NEW DELHI (Reuters) - It's no surprise the Indian street wants faster, harsher justice for sexual crimes after a horrific gang rape that rocked the nation, but some activists worry the government will trample fundamental rights in its rush to be in tune with popular rage.


Last month's rape of a physiotherapy student on a moving bus and her death on December 28 in hospital triggered a national debate about how to better protect women in India, where official data shows one rape is reported on average every 20 minutes.


Many women's rights groups are cautiously hopeful the protests and outrage that followed the crime can be channeled into real change - fast-track courts for sexual offences and a plan to hire 2,500 new women police in Delhi are measures already in the works.


But legal experts and some feminists are worried that calls to make rape punishable with death and other draconian penalties will cramp civil liberties and are unconstitutional. They say India needs better policing and prosecutions, not new laws.


"If there are not enough convictions, it is not because of an insufficiency of law, but it is the insufficiency of material to base the conviction on," said retired Delhi High Court judge R.S. Sodhi.


Five men have been charged with the student's rape and murder and will appear before a New Delhi court later on Monday. They are due to be tried in a newly formed fast-track court in the next few weeks. A teenager also accused will likely be tried in a juvenile court.


Ahead of Monday's court appearance the five still had no defense lawyers - despite extensive interrogations by the police, who have said they have recorded confessions - after members of the bar association in the South Delhi district where the case is being heard vowed not to represent them.


GROUNDS FOR APPEAL


The men will be assigned lawyers by the court before the trial begins, but their lack of representation so far could give grounds for appeal later should they be found guilty - similar cases have resulted in acquittals years after convictions.


"The accused has a right to a lawyer from point of arrest - the investigations are going on, statements being taken, it is totally illegal," said Colin Gonsalves, a senior Supreme Court advocate and director of Delhi's Human Rights Law Network.


Senior leaders of most states on Friday came out in support of a plan to lower to 16 the age that minors can be tried as adults - in response to fury that the maximum penalty the accused youth could face is three years detention.


A government panel is considering suggestions to make the death penalty mandatory for rape and introducing forms of chemical castration for the guilty. It is due to make its recommendations by January 23.


"The more you strengthen the powers of the state against the people, the more the possibility you create a draconian regime," said Sehjo Singh, Programme and Policy Director with ActionAid in India and an expert on Indian women's social movements.


"We want to raise the bar of human rights in India, we want to raise the standards, not lower them."


The Indian Express newspaper warned against "knee-jerk" reaction and said any change to the juvenile law "must come after rigorous and considered debate. It cannot be a reaction to a fraught moment".


Courts are swamped with a backlog of cases in the country of 1.2 billion people and trials often take more than five years to complete, so the launch by Chief Justice Altamas Kabir of six fast-track courts in the capital to deal with sexual offences was widely greeted as a welcome move.


Several other states including Tamil Nadu and Maharashtra are now looking at following Delhi's example.


But Gonsalves says while the courts are a good idea on paper, similar tribunals in the past delivered dubious verdicts and put financial pressure on the rest of the justice system.


FAST TRACK COURTS


India set up 1,700 fast-track courts in 2004, but stopped funding them last year because they turned out to be costly. The courts typically work six days a week and try to reduce adjournments that lead to long delays in cases.


"The record of the fast-track courts is mixed," Gonsalves said. Conviction rates rose, he said, but due process was sometimes rushed, leading to convictions being overturned.


"Fast-track courts were in many ways were fast-track injustice," he said.


The real problem lie with bad policing and a shortage of judges, Gonsalves said. India has about a fifth of the number of judges per capita that the United States has.


Indian police are often poorly trained and underpaid, and have sometimes been implicated in organized crime. Rights groups complain the mostly male officers are insensitive to victims of sexual crimes.


Resources for, and expertise in, forensic science is limited in most of the country's police forces and confessions are often extracted under duress. The judiciary complains it is hard to convict offenders because of faulty evidence.


Human Rights Watch said reforms to laws and procedures covering rape and other sexual crimes should focus on protection of witnesses and modernizing support for victims at police stations and hospitals.


The rights organization has documented the continued use of archaic practices such as the "finger test" used by some doctors on rape victims to allegedly determine if they had regular sex.


"Reforms in the rape laws - these are needed. But not in terms of enhancing punishment," said Meenakshi Ganguly, South Asia Director of Human Rights Watch.


"Why they are not investigated, why there are not enough convictions, those are the things that need to be addressed."


(Additional reporting by Satarupa Bhattacharjya, Shashank Chouhan and Annie Banerji; Editing by Alex Richardson)



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Korean sports star's suicide echoes death of actress-wife






SEOUL: Police confirmed Monday that a former baseball star and ex-husband of a top South Korean actress, whose 2008 suicide shocked the country, took his own life over the weekend.

Cho Sung-Min, a former pitcher for Japanese baseball team Yomiuri Giants, was found dead early Sunday with a belt around his neck by his girlfriend in the bathroom of her Seoul apartment.

"The autopsy result showed death due to hanging," Yonhap news agency quoted a senior police officer as saying, "We've concluded the case as suicide."

In a final text to his girlfriend, Cho had written: "Thank you for everything. Hang tough even after I am gone."

The 39-year-old was the former husband of the hugely popular actress Choi Jin-Sil, who took her own life in similar fashion in 2008, four years after their marriage ended.

Choi, who had two children with Cho, was found hanging from a length of elastic at her Seoul home.

Relatives and friends said she had been depressed since her divorce and troubled by rumours circulating on the Internet that she had caused another actor's suicide by demanding repayment of debts he owed her.

Her death shocked the country and prompted a police crackdown on cyber-bullying.

In 2010 Choi's younger brother, singer Choi Jin-Young, also hanged himself while suffering from severe depression.

Suicide is the most common cause of death among those in their 20s and 30s in South Korea, which has the highest suicide rate among member nations of the Organisation for Economic Cooperation and Development.

-AFP/fl



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Pak soldier killed, India says fired in retaliation

SRINAGAR: Pakistani troops violated ceasefire on Sunday by firing mortar shells towards Indian army posts at Hajipir area in Uri sector near the Line of Control.

"They started firing mortar shells towards our posts in Uri sector around 3.15am," an army spokesman said. He said that some shells landed close to civilian habitation though no damage was done.

The spokesman added that Indian troops responded with light weapons which stopped the Pakistani shelling.

On the other hand, Pakistan's army has accused India of crossing the LoC and raiding its check post in Bagh area on Sunday. It said Indian troops raided a military post in the Hajipir sector of Bagh area, killing a soldier and injuring another.

(With inputs from Omer Farooq from Islamabad)

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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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Pastor Accused of Killing Wives Faces Trial













Jury selection is scheduled to begin Monday for Pastor Arthur Schirmer, who is accused of killing his second wife and then staging a car accident to hide it.


Schirmer, 64, also faces a second trial at a later date for the death of his first wife. He has said he is innocent of all charges.


In 2008, the pastor and his wife, Betty, were involved in what appeared at the time to be a car crash. Schirmer told police at the time that he had been driving 55 mph and swerved to miss a deer, causing him to drive off the road, according to a police affidavit obtained by ABC News.


Schirmer also said at the time that his wife's head had come forward and struck the windshield, according to the affidavit. Betty died a day later and her body was cremated at the request of Schirmer.


It wasn't until a grisly suicide in 2010 inside Schirmer's office that authorities decided to revisit the case of Betty Schirmer's death and arrest the pastor.


The man who broke in and shot himself at the desk in Schirmer's office at the Reeders United Methodist Church, Joseph Mustante, was the husband of the pastor's secretary, Cynthia Mustante, Poconos Township Police Detective James Wagner said.






Pocono Record, David Kidwell/AP Photo











Mustante's suicide was prompted by the discovery that his wife and the pastor had apparently been having an affair, Wagner said. He was alone at the time of his death.


Investigators looking into the suicide say that several church parishioners had concerns about the deaths of Schirmer's two wives.


"That suicide eventually exposed the affair publicly and subsequent to that, questions arose about the loss of [Schirmer's] wives and his character became questionable," Wagner said.


Relaunching the investigation into the two deaths, Wagner said he quickly suspected that "foul play existed, and the car crash was staged," allegedly, by Schirmer. Wagner said investigators also believed there was something "suspicious" about the first wife's death, a marriage that investigators had not known about prior to the suicide.

Investigators Look Into Deaths of Rev. Arthur Schirmer's Wives



Schirmer's first wife, Jewel, died in April 1999 from a traumatic brain injury after she purportedly fell down a flight of stairs in Lebanon, Pa., Wagner said.


Lebanon is about 100 miles southwest of Reeders, where Schrimer later moved with his second wife.


At the time of Jewel's death, Wagner said, a relative told police that he suspected Schirmer may have had a hand in his wife's death but that the investigation was "never completed."


On Dec. 11, 2012 -- more than 13 years after Jewel died, a Lebanon County judge ruled Schirmer would be tried for her murder.


When investigators looked at the death of Betty Schirmer, they saw inconsistencies, Wagner said.


"There was no airbag deployment and it simply looked like a car that had driven off the road at a very low speed," Wagner said. "It didn't match the injuries to [Betty's head].


"I know there are people out there who probably know him and feel like there is absolutely no way he would be capable of doing this," Wagner of Schirmer. "But they clearly don't know him."



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Venezuela lawmakers elect Chavez ally as Assembly chief


CARACAS (Reuters) - Venezuelan lawmakers re-elected a staunch ally of Hugo Chavez to head the National Assembly on Saturday, putting him in line to be caretaker president if the socialist leader does not recover from cancer surgery.


By choosing the incumbent, Diosdado Cabello, the "Chavista"-dominated legislature cemented the combative ex-soldier's position as the third most powerful figure in the government, after Chavez and Vice President Nicolas Maduro.


"As a patriot ... I swear to be supremely loyal in everything I do, to defend the fatherland, its institutions, and this beautiful revolution led by our Comandante Hugo Chavez," Cabello said as he took the oath, his hand on the constitution.


He had earlier warned opposition politicians against attempting to use the National Assembly to "conspire" against the people, saying they would be "destroyed" if they tried.


Thousands of the president's red-clad supporters gathered outside parliament hours before the vote, many chanting: "We are all Chavez! Our comandante will be well! He will return!"


If Chavez had to step down, or died, Cabello would take over the running of the country as Assembly president and a new election would be organized within 30 days. Chavez's heir apparent, Maduro, would be the ruling Socialist Party candidate.


Chavez, who was diagnosed with an undisclosed form of cancer in his pelvic area in mid-2011, has not been seen in public nor heard from in more than three weeks.


Officials say the 58-year-old is in delicate condition and has suffered multiple complications since the December 11 surgery, including unexpected bleeding and severe respiratory problems.


Late on Friday, Maduro gave the clearest indication yet that the government was preparing to delay Chavez's inauguration for a new six-year term, which is scheduled for Thursday.


'CHAVEZ IS PRESIDENT'


Maduro said the ceremony was a "formality" and that Chavez could be sworn in by the Supreme Court at a later date.


The opposition says Chavez's absence would be just the latest sign that he is no longer fit to govern, and that new elections should be held in the South American OPEC nation.


Brandishing a copy of the constitution after his win in the Assembly, Cabello slammed opposition leaders for writing a letter to foreign embassies in which they accused the government of employing a "twisted reading" of the charter.


"Get this into your heads: Hugo Chavez was elected president and he will continue to be president beyond January 10. No one should have any doubt ... this is the constitutional route," he said as fellow Socialist Party lawmakers cheered.


The opposition sat stony-faced. One of their legislators had earlier told the session that it was not just the head of state who was ill, "the republic is sick."


Last year, Chavez staged what appeared to be a remarkable comeback from the disease to win re-election in October, despite being weakened by radiation therapy. He returned to Cuba for more treatment within weeks of his victory.


Should the president have to step down after 14 years in office, a new vote would probably pit Maduro, a 50-year-old former bus driver and union leader, against opposition leader Henrique Capriles, the 40-year-old governor of Miranda state.


Capriles lost to Chavez in October's presidential election.


"I don't think Maduro would last many rounds in a presidential race. He's not fit for the responsibility they have given him," Capriles said after the vice president's appearance on state television.


Chavez's condition is being watched closely by leftist allies around Latin American who have benefited from his oil-funded generosity, as well as investors attracted by Venezuela's lucrative and widely traded debt.


The country boasts the world's biggest crude reserves. Despite the huge political upheaval Chavez's exit would cause, the oil industry is not likely to be affected much in the short term, with an extension of "Chavismo" keeping projects on track, while a change in parties could usher in more foreign capital.


(Additional reporting by Deisy Buitrago; Editing by Vicki Allen)



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ECB to ring in New Year with rates on hold






FRANKFURT: The European Central Bank will usher in 2013 with steady interest rates at its first policy meeting this year to keep up the pressure on governments to solve the debt crisis, analysts predict.

With ECB interest rates currently at record lows and its latest anti-crisis weapon ready and primed for action, central bank chief Mario Draghi will not pass up the opportunity to insist once again that only governments can resolve the long-running crisis, economists said.

"Whilst a (rate) cut cannot be entirely ruled out, we do not expect the governing council to change interest rates at its meeting on Thursday," said Commerzbank economist Michael Schubert.

"On the one hand, ECB executive board members have tried to dampen rate cut speculation over recent weeks, and on the other, important sentiment indicators have increased once again," he said.

On Friday, the closely watched Purchasing Managers Index (PMI) for the entire euro area hit a nine-month high, offering hope the single currency area could be moving out of its deep double-dip recession.

Recent data for Germany, Europe's biggest economy, have also come in better than expected.

And German Finance Minister Wolfgang Schaeuble even went so far as to say he believed the embattled eurozone was now past the peak of its three-year-long debt crisis.

Market tensions have indeed eased since the ECB unveiled its anti-crisis bazooka in September, the so-called OMT bond-purchase programme.

The scheme is credited with marking a turning point in financial market sentiment towards the crisis-wracked euro even though it has not actually been used.

With markets now calmer, the ECB has been able to keep its gunpowder dry, keeping interest rates at their all-time low of 0.75 per cent and holding fire on other emergency anti-crisis measures as well, after pumping vast amounts of liquidity into the markets at the beginning of last year.

Nevertheless, at last month's meeting, ECB chief Draghi appeared to open the door to further rate cuts, crucially revealing that there had been "wide discussion" of such a move on the decision-making governing council and that the decision to keep rates on hold was anything but unanimous.

Commerzbank's Schubert pointed out, however, that top board members -- such as Yves Mersch, Peter Praet and Joerg Asmussen -- have all sought to play down possible rate cuts recently.

Deka Bank chief economist Ulrich Kater was similarly convinced that Draghi would not announce any monetary easing at his first press conference of the year.

"The policy of low interest rates is finally making itself felt in the periphery countries, thereby taking the pressure off the monetary policy actors to come up with new stimulus measures," he said.

"For the time being, there is no immediate need to act," he said.

In the United States, the US Federal Reserve hinted last week that its own huge programme of stimulus measures was under review and could be brought to an end sometime this year.

Capital Economics economist Jonathan Loynes cautioned, however, that "having prevented catastrophe in 2012 by pledging to do whatever it takes to save the euro, the ECB will have to follow words with actions in 2013".

While Loynes said he was expecting no policy changes to be announced on Thursday, "the pressure for action may soon be irresistible".

Postbank economist Thilo Heidrich said the likelihood of a rate cut was "wide open", but that he was betting on a further quarter-point reduction in the key refi rate to 0.5 per cent in the early months of this year and the ECB would keep it there "for some time to come".

Loynes at Capital Economics said that "despite the sizeable challenges facing the ECB (in 2013), it appears unlikely that it will take any steps towards meeting them at its meeting in January.

"No doubt Draghi will reaffirm that the ECB is ready to implement OMTs... and he may even show signs of warming to the idea of a cut in interest rates," Loynes said.

"Either way, though, he is likely to keep the onus on governments by stressing once again that the ECB cannot solve the region's debt crisis single-handedly," he concluded.

- AFP/fa



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Minor girl raped repeatedly, pregnant

SHIMLA: A 13-year-old pregnant rape victim's life is at risk as doctors have ruled out abortion in Himachal Pradesh's Kullu district.

The orphaned girl was allegedly raped repeatedly by her maternal uncle and medical examination found she is 29-week pregnant.

The elder sister of the girl had approached the Manali police on December 25 after she found out her sister was raped. After the death of their parents, they had been living with their 85-year-old maternal grandfather where the incidents occurred.

Police had registered a case but failed to arrest the accused so far. The victim was shifted to Shimla on December 28 where her medical examination was done.

As poor health and delayed detection have wiped out the chances of abortion, medical experts now say that delivering the child too will not be an easy task as her body is not ready to deliver a baby putting her life at risk.

According to sources, victim has slipped into depression.

A gynecologist from a prominent Shimla hospital said the victim would face complications during pregnancy as her body is not developed. "She would face problems related to anemia, bone and calcium besides undergoing mental trauma." She said as the minor cannot go through normal delivery so she would have to undergo delivery by a cesarean operation which will also be risky.

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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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