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I have been following FSU football for about 35 years and I have seen some incredible wins and some horrific loses. It doesn't matter if it is Jimbo Fisher or Bobby Bowden we just seem to get out coached more than we out coach our opponent.
Going back to the early days of Bobby Bowden, he out coached the opposing coach. FSU rarely had more talent then the other team. They definitely didn't have more talent in 1980 when they beat Nebraska. However there were many games in the 1990's when FSU just simple had more talent then the other team and mistakes like we had yesterday could be quickly overcome.
Where Bobby had a problem was when he believed he had better talent but didn't necessarily have it. I can vividly remember as a student in 1984 watching South Carolina destroy a very good FSU team. Bobby seemed to forget what got him there in the first place. Bobby would have a very conservative game plan and want to run the ball out of the I formation. As soon as the other team stopped it, he would then get gambler's fever and try and make things up with a double reverse. As soon as the opposing defense stopped it, all panic would set in. 1992 against Georgia Tech was a rare example when FSU adjusted and did the opposite of what we normally do. That led to a National Championship and a Heisman for Charlie Ward the following year.
If you look at most of the great wins in FSU history, we won when we weren't supposed to. Think about the 1996 Florida game. Everyone in the country knew Florida had the best team. FSU came out and beat them, only to go conservative in the rematch in the Sugar Bowl. Following the 1994 tie, Bobby knew Florida should have won but Spurrier had choked and threw open the playbook in the rematch.
Jimbo Fisher comes from the Bobby Bowden coaching tree. He turns conservative in games and gets out coached. This year it happened against NC State, Virginia Tech and Florida. We got lucky against Virginia Tech. In recent memory it happened to Bobby against Oklahoma in the National Championship game.
As we have seen this season, Jimbo has a huge playbook. Yet like Bobby when he turns conservative we see to only see the same plays repeatedly. Was there anyone who didn't think we were going to run it out of the shotgun on third and short? It may have worked all year, but it wasn't working last night but we didn't try anything else. If I thought it sitting in front of the television, don't you think the Florida coaches thought it based on their review of 11 game films? How about when James Wilder came into the game on 3rd in short. Was there anyone who didn't think he was getting the ball? At least line up in the I formation and give him a fighting chance.
As tough as it would have been to do with 5 turnovers yesterday, FSU was still in the game and could have come back. I knew it was over when Clint Trickett came in and first play was a run from the shotgun formation. Didn't fool me and didn't fool the Gators.
Tough loss, but if we didn't lose yesterday, then we probably lose Saturday against Georgia Tech. Losing to Florida hurts, but losing to Georgia Tech costs the program millions and a BCS bowl. Jimbo won't take anything for granted on Saturday and will open the playbook. How do I know this? Because that is what FSU always does after a big loss. Check the history books.


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subset: commoncrawl


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Get a grip at robotics firm open house event (From Somerset County Gazette)
Get involved! Send your photos, video, news & views by texting COUNTY GAZETTE to 80360 or email us
Get a grip at robotics firm open house event
11:56am Tuesday 25th February 2014 in News By Newsdesk
THERE'S chance to see robots in action at a special two-day event being run by SCM Handling in Bishop's Lydeard.
The Open House event, on February 26 and 27 will give guests the opportunity to discuss current and existing projects and meet the whole team at SCM Handling.
Guests will be treated to three different robot cells, all demonstrating different kinds of gripper technology handling different products.
A buffet lunch will also be available and light refreshments will be served all day.
It will be at SCM Handling's premises at Broadgauge House, Broadgauge Business Park, Westridge Way. For more details phone 01823 431838.
Comments are closed on this article.


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Home » News » Education
School board: Leathercraft, needlework will no longer be Manchester classes
The Board of School Committee voted Monday to approve a pared-down list of course offerings for next fall that will be nearly uniform at each of the three high schools.
At the same time, the board voted to specifically eliminate the hands-on electives that had previously been considered untouchable because they were geared toward English-language learners and special education students.
"Rather than needlework and leathercraft, they should be reading a book, learning the language. Those are educational opportunities," Mayor Ted Gatsas said at Monday's meeting, referring to the English Learner (EL) students.
EL students make up 66 to 77 percent of the students in the two courses, according to district officials.
The vote was the culmination of months of work in the Curriculum and Instruction Committee.
At the previous school board meeting, the committee presented a list that eliminated many courses but still preserved the system of having specialized offerings at each school, particularly at Central, which has considerably more courses than the other two high schools.
The list approved Monday essentially takes 36 school-specific courses, such as Shakespeare and Women's Literature at Central, and makes them available at Memorial and West as well.
The courses would be held only if a sufficient number of students enrolled. Superintendent Thomas Brennan said he would back an effort to get students to finalize course registrations by June.
Brennan said he believed teachers at each of the schools could be reassigned to teach the newly offered courses.
"Our teachers are highly qualified," he said.
He indicated that the main potential expense was for textbooks.
The school board voted unanimously to approve the program of studies.
While the course listing does away with needlework and leathercraft, it still includes some hands-on courses, such as regional foods, baking and creative sewing.
Brennan said the decision to target the needlework and leather-working courses was based on an assessment of how the classes functioned. "Whether they are EL students or anyone else, I get concerned," he said. "I think it's an insult to any student when you have to go to courses as holding places."
In backing the elimination of the courses, Gatsas alluded to a controversy in August, when local members of the U.S. Commission on Civil Rights decried the way the district taught its immigrant and minority students. Upset by the lack of data cited by the group, Gatsas cut short its presentation.
"I'm not sure if the group I asked to leave knew that we had EL students taking needlework and leather-crafting," Gatsas said.
West principal
In other action Monday, the school board voted against a motion to halt the hiring of John Rist to serve as the interim principal at Manchester High School West.
The proposal was made by board member Art Beaudry, who has criticized the hiring of Rist because the former longtime principal at Central High is collecting a pension and would only be allowed to work 32 hours a week, under state regulations.
"We're paying an individual for part-time work 90 dollars an hour. We're paying more for a part-time individual than if we had someone full-time in there," Beaudry said.
The vote against the motion was 12-2, with board member Debra Gagnon Langton joining Beaudry in voting for the measure.
Rist was tapped to replace MaryEllen McGorry, who resigned earlier this month following a probe into wrongdoing, the nature of which the district has not disclosed.
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Editorial: Garcia gains Lambert lies
Hassan, Havenstein both raise nearly $2m


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The Super Bowl is over so let the other season begin.....
In free agency I can see the Bills eying up a few different free agents.
In no real order.
Defensive Ends - ones who can pressure and get to the quarterback and can control the edge
Mario Williams - Houston
Anthony Spencer - Dallas
Wide Receivers - ones who can stretch the field and catch the ball. There is a couple here who can also take the position of Stevie Johnson if he runs for greener pastures.
Dwayne Bowe - KC
Vincent Jackson - SD
Braylon Edwards - SF
Eddie Royal - Denver
Jerome Simpson - Cincinnati
DeSean Jackson - Philadelphia
Outside Linebackers - ones who can get to the quarterback and handle run duties
Ahmad Brooks - SF
Leroy Hill - Seatle
Manny Lawson - Cincinnati
Tight Ends - Bigger bodies than the new style tight end but can block and catch the ball
Martellus Bennett - Dallas
Leonard Pope - KC
Joel Dressen - Houston
I could try to type a note on each of these players but it is too much. I see these players as ones who would best fit into what OBD is looking for.
For the Draft I see these as the "wish" list of OBD:
1. Quinton Coples or Courtney Upshaw - either will fit the system will be a day one starter at DE
2. Ronnell Lewis - OLB from Oklahoma who loves getting after anyone who has the ball. High motor
3. Bruce Irvin - OLB from West Virginia and can simply get after the quarterback
4a. Nate Potter - Solid OT who will be a solid back up and potential starter
4b. Brock Osweiler - Came out a year early and needs to sit and learn the Gailey system. Has the arm to handle the Buffalo winds.
5. Ladarius Green - TE from a small school who is making a name for himself with his abilities as shown at the senior bowl.
6. Brian Quick - Tall, big receiver from a small school. Will play with a chip on his shoulder
7. Hebron Fangupo - a DT from BYU who just intrigues me
Ideas and thoughts would be great!!!


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By TESA GLASS
Ordering books from other libraries will be much easier after a new inter-library system goes into effect on April 9.
According to C.E. Brehm Memorial Library head librarian Bill Pixley, the new software will bring together all the member libraries of the Heartland Library System.
"The old Shawnee Library System is no more," Pixley explained. "It came to an end last year. They have merged the four southernmost library systems, which goes up to Champaign, Decatur, and Springfield, into one system, the Illinois Heartland Library System, which was done last June."
One of the problems with creating the new library system was that each library district in the system had different software for its catalog of books and products that didn't communicate with other software programs.
"You couldn't conveniently go online to check things out, and couldn't ask for things from other libraries without going through the staff. With Shawnee, we could go online, get items from another library by entering it into the computer, and then call people when their items came in. We will be able to do that again."
With the change in the size of the library system, patrons will have access to 9.5 million titles, and from having more than 250,000 patrons to o nearly 1.6 million.
The computer system at C.E. Brehm is "ancient," Pixley said, by computer standards.
"It was new in 1992," Pixley added. "We knew we were going to have to change our computer system to go to the same system as other districts to allow people to request materials from throughout the library system directly."
Pixley said the new system will be faster and allow more advanced searching for material.
There will be an online patron access catalog, where you can search for items, place holds or pay fines.
After March 15, in preparation for the change in computer software, the library will not be able to place holds on items. From April 1 through April 8, books can be checked out and returned, but not ordered from other libraries until the system is available on April 9.
"The new system will be faster, hit every library in the Heartland Library System, allow you to do more advanced searching, … have access to more materials and you'll be able to search the catalog better and even be able to create a list of what you have checked out," Pixley said. "A lot of people keep little books of what they have read, and now, the computer system will have a way to keep it on the system so you don't have to keep it on paper anymore."
Pixley asked for the public to be patient during the change.
"I've been through this before and it takes a little time to train and understand the software," Pixley said. "We're learning it at the same time everyone else is learning it."


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Fuel poverty death toll rises
Scientists say over 40 people die as a result of fuel poverty each year in Oxford. Energy researcher Brenda Boardman will explore the question of fuel poverty in a presentation. Each year people die because of the cold and because their homes are poorly heated and poorly insulated.
She blames the cost of energy having doubled in recent years, which she suggests will make figures even more alarming. Britain has one of the highest rates of excess winter deaths in Europe.


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Our plumbing technician will check the health of your entire plumbing system.See why.


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For the next four weeks, a controversial pro-Israel advertisement will appear on some TriMet vehicles in response to a recent pro-Palestinian advertisement that has appeared in Portland, New York and Washington, DC.
TriMet said the new ad, paid for by a group called The American Freedom Defense Initiative, would begin appearing Monday.
The ad reads, "In any war between the civilized man and the savage, support the civilized man. Support Israel. Defeat jihad."
A similar advertisement appeared on TriMet vehicles in September, paid for by a group called Americans United for Palestinian Human Rights.
The pro-Palestinian ad read, "47 million Palestinians are classified by the U.N. as refugees," and featured maps showing the decreasing size of Palestine since 1946.
In a statement released Monday, TriMet said that due to a 2008 court ruling, it is required to accept all advertising on its vehicles, regardless of content.
"We want to let our riders and the public know that we're disappointed our vehicles have become a medium for divisive discussion, but at this time, we have no other option except to allow the ad on our vehicles," said Drew Blevins, TriMet director of Marketing and Customer Information.
"We support free speech, but we hope the Oregon Supreme Court will once again allow us to limit ads to only commercial goods and services."
Copyright 2012 KPTV (Meredith Corporation). All rights reserved.


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For the 28th season of its venerable reality series, The Real World, MTV has turned to Portland, Oregon a city known for embracing green living, bike riding, food carts, DIY crafts, punk rock, strip clubs and its unique residents.
When Real World Portland premieres Wednesday, March 27 at 10PM Eastern/Pacific, eight strangers will move into a house in Portland's trendy Pearl District. In addition to the usual roommate bed hopping, conflicts and secrets; MTV promises this season will feature a cast member leaving early and another housemate, who they hint is "quite possibly the most outrageous in Real World history" and reportedly uses "psychological and sexual warfare" against a fellow cast member.
Meet the housemates of Real World Portland in this photo album with bios.


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If you were to ask of what we think of when we hear the word "jade", we'd say "exotic". Looking at this fiercely gorgeous cut-out peek-a-boo silk and mesh Jade bra from Lascivious, with its impeccable fit and almost deco-inspired panelling, and we're thinking that "exotic" might not even do it justice.
May We Recommend?
These suspenders are the Bauhaus of stocking architecture- clean, spare, romantically modern- and a bit intimidating in their classic severity. Perfect.
Whether you're eloping or staging a hometown pageant of a wedding, this gorgeous gathered tulle and beaded French lace garter is perfect for whatever kind of bride you are.
Silk-satin and stunning mesh make up this incredibly sexy peek-a-boo plunge bra. Edgy and totally wearable, this vertigo inducing panelled bra is the definition of sexy.


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A popular summer event that draws thousands of visitors and international attention is giving the community a boost once again this year.
Organizers for the John Deere Classic golf tournament announced on Tuesday, April 9, 2013, the results of their Birdies For Charity program, which raised $6.7 million in 2012.
Before the tournament, area charities collect pledges.
During the PGA tournament in Silvis, Ill., spectators can guess the number of birdies shot during the 4 day event and possibly win a 2013 Chevy Equinox, donated by area Chevy dealers.
But the real winners at the John Deere Classic are the charities.
At a news conference Tuesday morning at John Deere Commons in Moline, Ill., organizers pointed out that participating charities get more money than was pledged.
"Every organization gets one check from the pledged Birdies For Charity which is 100 percent of the pledged dollars. In addition, they get a second check, which is a bonus from the John Deere Classic revenues and revenue from the Birdies For Charity Fund."
New this year to the program, John Deere will match all donations up to $250,000 made directly by individuals or businesses to the Birdies For Charity Bonus Fund.
Since the John Deere Classic is a non-profit organization, any profit made at the tournament goes straight to the community as a bonus.
Last year's bonus checks were an extra eight percent of what the charities collected and were distributed to around 500 Quad City area charities.
805 Brady Street, Davenport, IA 52803
Telephone: 563.383.7000
Fax: 563.383.7131
Email: email@example.com


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Find and book great restaurantsFind a Restaurant
Showing 1 - 15 of 35 results
Lee Clarke trained with big names such as Marco Pierre White and worked in hot-shot venues such as The Ivy, but came back home to open this "bright… more »
Welcome to embe restaurant! At embe we pride ourselves on offering a Taste of Africa and the Caribbean from our Peterborough restaurant, just five… more » This review is not by Square Meal
Carluccio's signature blue & white awnings have been brightening up high streets (& boosting house prices) since 1999. These classy-looking caffè… more »
Wildwood is billed as a 'small collection' of restaurants – in other words, it's a chain. Everything about the style, from the bottles… more »
A second venture from The Banyan Tree, head chef Keshu Keshvala and his team craft a rustic yet dynamic selection of dishes from across North West… more » This review is not by Square Meal
From bohemian beginnings in 1920s Soho, Patisserie Valerie's unstoppable rise has seen the group grow to some 49 outlets & counting. The original… more »
This restaurant has not been reviewed by Square Meal. But we do list the location, price and contact details, and you have the option of reading… more »
It has taken Prezzo just over a decade to become a high street fixture. Now with over 150 branches up & down the country, the affordable chain… more »
With a tiered dining room and large windows overlooking the track, The Raceview Restaurant at Peterborough Greyhound Stadium serves traditional… more » This review is not by Square Meal
South of the border' passion is always served up at Chiquito. A menu of bold Mexican and Tex-Mex cuisine is prepared however the diner likes it… more » This review is not by Square Meal
Focusing on traditional Mexican food, with an extensive authentic menu and a diverse range of beer and cocktails, Chimichanga brings the heart… more » This review is not by Square Meal
Surprisingly upmarket cooking in a pretty, rural setting, with proper service to boot. Chef Andrew Corrick learnt his trade in top London hotels… more »
In a spacious Grade-II listed building dating back to the 18th century, The Angel Spice offers traditional Indian cuisine with some more contemporary… more » This review is not by Square Meal
Loch Fyne bucks the trend among national chains by offering a food & wine experience well above its high-street station. Selections from its recent… more »
The Haycock Hotel's AA Rosette award-winning Orchards Restaurant offers brasserie-style dining throughout the day, in a splendid location near… more » This review is not by Square Meal
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Look for "Paths" on iTunes, Spotify, etc. NOW!
My name is Michael Steltzer, a Pop/Electronic artist from New England, US.
I come from a small town in Maine,
and I have been writing and producing my music in my home studio for about a year for Monumental Drive, before then with about three years of musical experience.


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TAMWORTH FC is preparing for an early start to what it hopes will be a "threepeat" 2014 season.
The Wayne May-coached FC is chasing a third successive Northern Inland Football Premier League first grade premiership but, before it even contemplates a first-round match in that new premiership race, it has a State Cup match to consider.
"We play the Port Macquarie Saints on February 15 – that's just two weeks away," May said.
"We haven't even got our players registered."
The Sky Blues play the Saints in Kempsey.
"We've had six games in the State Cup the past few years and played every one of them away," May said.
The closest they have come to a home game was against eventual winners Urunga last year.
"We played them in Armidale," May recalled.
"They beat us 4-1 and went on and won it."
Organising a team for the fast-approaching first-round State Cup game is May's imperative.
He will do that, as well as prepare for a big local season, with a new-look first grade side.
"We've lost a few players," he admits.
"Sooty (Chris Soto) and Andrew Cepak have moved to Newcastle.
"Dylan (May) is at Uni in Newcastle, Rory Byrne has gone back home to Brisbane, Pat Jones has returned to the Central Coast and Matty Gardner is undecided at this stage."
That's a pretty big hole, especially the loss of Soto and Cepak, who became the focal points of FC's attack last season.
"We're looking for a couple of strikers," May said after manufacturing Soto and Cepak into a deadly striking duo.
"Andrew was a defender when he came to us and ended up being the leading goalscorer in this conference.
"So we'll be juggling our players around again.
"Plus we have a few good kids coming through from the 16s. Kobe Russell might play up front yet.
"He did quite well for us in the local comp last year and I'm hoping he might step up to the PL this season.
"We could do with a few more players too.
"Numbers have been steady at training."
He said club stalwarts such as Scott May, Tim Smith, Jarryd May and Travis Beard will line up again along with Ben Davis and Damien Puyenbroek.
They've all been training well.
"Young Travis is only 18 but he's been playing Premier League for three years now.
"But if there's anyone out there who thinks they might play Premier League they are quite welcome to come along and have a crack."s


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23450 Posts in 18899 Topics by 2877 members
General Questions
SilverStripe Forums » General Questions » Can't access CMS page
General questions about getting started with SilverStripe that don't fit in any of the categories above.
Moderators: martimiz, Sean, biapar, Willr, Ingo, swaiba, simon_w
Page: 1
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Community Member
6 Posts
Can't access CMS page
15 August 2011 at 10:22am
Hi folks,
I've been happily building my site on my local machine but today when I tried to start it up, I can login and see the draft and published sites by clicking on the links in the bottom left corner but if I click on the CMS link, I get an error written on a properly themed web page > Sorry, there was an error handling your request. And in the browser address bar is > http://localhost/silverstripe/admin/show/1
I've tried dev/build?flush=1 and also just ?flush=1 and thinking it was just a problem with the CMS, I tried replacing the cms folder in root with a fresh copy and also the sapphire folder but doing that didn't change anything. I think the problem is related to a module I added, played around with and then removed. I also went into the database and removed some entries that were still there relating to that removed module.
Clicking on the published and draft site links shows slightly different pages. The published site has an extra navigation link across the top which is the module I removed. If I click on it, it shows a white screen with this >
SilverStripe diary module installed successfully, you can start writing your diary now.
Generated with the default ContentController.ss template
Any help about how I can get back into the CMS admin page would be much appreciated.
Community Member
6 Posts
Re: Can't access CMS page
15 August 2011 at 10:21pm
It seems the database is the problem. The entries I manually deleted from the database that were related to the module I deleted have rendered the database unusable. I thought those entries wouldn't have had any impact considering I had already deleted the module. Anyway, I installed a new instance of Silverstripe using the same database and I get the same errors. Then I created a new database for it and it's fine. Looks like I have to start over. Oh well, lesson learned.
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Page: 1
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text:
Vintage Mid Century Chandelier
Click thumbnails for expanded view.
- $150.00
- Quantity Available: 1
For sale is this 5-lite chandelier from the 1950's,made of solid brass and glass accents. The fixture was professionally restored to a rubbed bronze finish and sealed. The shades are original and in good condition. They are frosted with clear grape design. All new wiring and sockets. Some of the socket cups have slight stress cracks (see last picture), but they are not very visible and don't affect the lights integrity. All of the glass components and icycle prisms are in great condition. The bottom finial of the body is a neat on-off switch that works!! Email with questions or for additional pictures. As pictured, measurements are 22" long by 20" wide. There is extra chain if needed. Insurance and quality packing are included in shipping cost to protect both of us.
The Brass Buff
- Tulsa, Oklahoma
- View Storefront
- Contact Seller About This Item
- View Store Policies
Dealer Accepts:
Shipping:Negotiated with Seller
Item Details:
- Reference #
- Quantity
- 1
- Category
- Furniture & Furnishings
- Department
- Antiques
- Year
- 1950's
- Dimensions
- Width: 0 inch
- Height: 0 inch
- Depth: 0 inch
- Weight: 0 pound
- Condition
- restored
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Mid Century Hanging Ceiling Light Fixture
Pair of Vintage Shutters
Vintage Metal Lawn Chair


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FAYETTEVILLE (WVVA) - Incumbents ruled in Fayette County's primary.
Steve Kessler will remain sheriff, holding off challengers Dallas Duncan Jr. and Frank Legg. Kessler received 3,714 votes -- nearly 64 percent of all votes cast. No Republican filed for the contest.
In the County Commission contests, incumbent Matthew Wender earned the nomination of tom Oxley, 3,363 to 2,311 in the Plateau District. In the New Haven District, incumbent Denise Scalph, 2,607, prevailed over Donny Beals, 2,025; and Randall Patterson, 1,026.
Four magistrate nomination were claimed by Sharon McGraw, Danita Young, Samuel Parsons and Leonard Bickford. They will join unopposed Republican Randy Prince on the fall ballot.
R. Dale Tomlin defeated Jack Booda in the surveyor race, while Leon Ivey and Tom Koontz earned Board of Education seats.
Things got a little wet -- literally -- during vote counting, when ballots from one precinct got wet in the rain. Officials had suspected the dampened ballots might have to be hand-counted, but this proved not to be the case.
View all of Fayette County's vote totals from the Secretary of State's Office


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SIMPLY STATED, a chronic wound is an insult or injury to tissue that's failed to heal. Generally, a host of factors that impede healing are in play. For example, chronic diseases such as diabetes, peripheral arterial disease, and various autoimmune diseases can affect the skin's overall condition and inhibit wound healing. Clinical interventions depend on your patient's condition.
Thoroughly review the patient's health history, including her chief complaint, current and past illnesses, medications, and allergies. A review of body systems can help the healthcare provider determine the cause of the skin condition or wound and may provide insight into why the wound isn't healing. Remember to include:
* diagnostic study results, including results of lab tests and imaging studies
* the patient's family history. Focusing on grandparents, parents, siblings, and children, determine the age and general health of living relatives, the cause of death of all deceased family members, and any chronic diseases in the immediate family. This information may alert you to an inherited condition or disease.
* the patient's personal and social history. Document age-appropriate information about past and current activities, such as marital status; living arrangements; occupational history; use of drugs, alcohol, or tobacco; sexual history; level of education; and other social factors that may influence the patient's health or activities of daily living.
* a list of past and current medications, including prescription and nonprescription drugs, vitamins, mineral or herbal supplements, oral contraceptives, and medications borrowed from family members or friends
* any type of wound dressing or wound therapy used in the past, including skin replacements or substitutes and growth factors. Note which ones have been effective and which have failed.
* a thorough wound assessment (see Wound assessment pointers)
* the patient's nutritional status and nutritional support therapies
* support surfaces and positioning devices used (if indicated)
* any use of graduated compression stockings, custom shoes or braces, and assistive devices, if indicated
* clinician consultations related to skin and wound care
* the patient's knowledge of her disease and any special learning needs.
Remember that a comprehensive patient assessment is the first step in starting and coordinating a successful skin and wound care plan.
A thorough wound assessment includes the:
* condition of the patient's skin
* condition of the periwound
* status of the wound (acute or chronic)
* amount of wound exudate, if any
* presence or absence of necrosis
* appearance of the wound
* evidence of possible infection
* degree of cleaning and packing required
* nature of the dressings needed
* amount of drainage present, if any
* the patient's pain intensity rating.
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Former President George H.W. Bush has shaved his head in support of a 2-year-old son of his security detail who is battling leukemia. According to PatricksPals.com, the 41st president volunteered for the haircut to show solidarity to the boy and his organization. The boy's father, Jon, is a member of the former president's security detail.
A spokesman tweeted out photos on Wednesday afternoon showing Bush with Patrick.
Bush's entire security detail has also shaven their heads to show support for Patrick.
WJBK-TV | Fox 2 16550 West Nine Mile Rd.Southfield, MI 48075Main Station: (248) 557-2000Newsroom: (248) 552-5103


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Chicago Bears
LeQuan Lewis - #39 - CB
|5' 11"/ 190 lbs.
|Los Angeles, CA
|Arizona State
|Years played
Bears WR Knox working to make demotion short-lived
The Bears are leaving open the possibility of reinstalling WR Johnny Knox as a starter and demoting free-agent addition Roy Williams.
Thomas injury overshadows Giants' win over Bears
The Giants had a near perfect night against Chicago, except for the season-ending knee injury to starting cornerback Terrell Thomas.
Falcons DE Abraham expecting best from Bears O-line
PFW asked Falcons DE John Abraham if he and his fellow defensive linemen are licking their chops as they prepare for the Bears' offensive line in Week One.
Man on a mission
Bears DE Israel Idonije makes his presence felt on the field, and away from the game he's helping improve the lives of children around the world.
NFC North training-camp reports
The Lions have been steadily improving their talent level, but ultimately their hopes depend on QB Matthew Stafford avoiding injuries. PFW analyzes the events in NFC North camps.
Lovie's kickoff-rule curve ball
Lovie Smith thumbed his nose at the NFL's rule change for kickoffs by having the Bears twice kick off from the 30-yard-line in their preseason opener.
Report: Bears DE Wootton could miss four weeks
Bears DE Corey Wootton, who was injured in the team's preseason opener on Saturday evening, could miss up to four weeks due to meniscus damage in his right knee.
Cutler on run; Bears beat Bills 10-3
Jay Cutler played just one series and watched as the Bears beat the Bills 10-3 on Saturday night even though the offensive line did little to ease any lingering concerns.
Bears hope to avoid tinkering with O-line
We wouldn't rule out seeing some moving pieces on the interior O-line, but the Bears want to keep changes in the front five to a minimum.
Bears waive Gutierrez, Dierking
The Bears announced they waived QB Matt Gutierrez and RB Dan Dierking on Monday.
Bears forced to cancel Friday night's FanFest practice
The Bears' FanFest practice scheduled for Soldier Field on Friday night was cancelled late Friday afternoon because of unsafe field conditions.
Cutler is not quite fantasy starter material
Jay Cutler should be more comfortable in Mike Martz's scheme this season, but will better familiarity lead to better results?
Bears need young D-linemen to step up
There's a group of younger players on the D-line that could be stepping into significant roles this season and their ability to rise to the occasion, or not, will have a lot to do with how the defense fares ...
C Kreutz signs with Saints
The Saints reached an agreement with former Bears C Olin Kruetz on Friday.
Five key questions facing the Bears
PFW associate editor Dan Parr asks and answers five key questions for the Bears as they head into the 2011 season.
The Dallas Cowboys have signed cornerback LeQuan Lewis. Dallas announced the move Wednesday, a day after Lewis was released from the New York Jets practice squad. Lewis filled the roster spot created when the Cowboys released tight end Colin Cochart on Tuesday.||||||| Undrafted out of Arizona State, Lewis signed with the Tennessee Titans in July 2011, but was released at the end of camp and out of football last season. He was signed and released by Oakland this summer, then signed Aug. 15 with the Jets, who put him on their practice squad Sept. 4.


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FDA Issues Gluten Free Labeling Compliance Guide
Nearly a year ago on August 5, 2013, we reported on the blog that the Food and Drug Administration (FDA) had published a final rule establishing a regulatory definition of the term "gluten-free" for voluntary use in the labeling of foods. The final rule is intended to provide a uniform definition of the term "gluten-free" so that consumers, particularly those who have celiac disease, will know what it means when they see it on the labeling of food.
The rule became binding and effective on September 4, 2013, but August 5, 2014 is the date when FDA-regulated foods labeled "gluten-free" must comply with all requirements established by the final rule. In preparation of the upcoming compliance date, FDA prepared a Small Entity Compliance Guide which restates in plain language the requirements concerning use of the term "gluten-free" in the labeling of foods.
Specifically, the guidance states that any label claiming that a food is "gluten-free" must not contain any of the following ingredients:
- An ingredient that is a gluten-containing grain (such as wheat, rye, or barley or any of their crossbreeds); or
- An ingredient that is made from a gluten-containing grain and that has not been processed to remove gluten. For example, "wheat flour" is an ingredient made from wheat that has not been processed to remove the naturally occurring gluten in wheat. Therefore, wheat flour cannot be used as an ingredient to make a food labeled "gluten-free;" or
- An ingredient that is made from a gluten-containing grain and that has been processed to remove gluten, if the use of that ingredient contains 20 parts per million (ppm) or more gluten.
The claim can also appear on the labels of foods that inherently do not contain gluten, such as fresh vegetables or juices.
Another important bit of information is that, unlike other required label components, there are no requirements for color, type size or placement of the "gluten- free" claim.
Although the rule does not expressly require manufacturers to test for the presence of gluten in the raw ingredients or finished foods labeled "gluten-free," it might be wise to do so. Failing to ensure that the food item bearing a "gluten-free" claim meets the requirements of the rule could cause the product to be deemed misbranded and thus subject to FDA regulatory action. In its guidance, the agency encourages companies to use effective measures to ensure that any foods labeled as "gluten-free" comply with the requirements including:
- testing the ingredients to determine their gluten content;
- requesting certificates of gluten analysis from ingredient suppliers; or
- participating in a third-party gluten-free certification program.
However, as with all agency guidance, FDA's compliance guidance for gluten-free labeling does not establish legally enforceable responsibilities. Instead, this guidance describes the agency's current thinking on a topic and should be viewed only as a recommendation. If you have any questions about gluten-free labeling or other food label claims, contact Stoel Rives label compliance experts Claire Mitchell and Anne Glazer.
FDA Makes Preliminary Determination That Trans Fats Are Not GRAS
Last week, the U.S. Food and Drug Administration (FDA) announced in a Federal Register notice that it has made a preliminary determination that partially hydrogenated oils (PHOs), a major source of artificial trans fat in processed foods, are not generally recognized as safe (GRAS) for use in food. The November 7, 2013 notice includes the opening of a 60-day public comment period.
Under section 409 of the Federal Food, Drug, and Cosmetic Act, any substance intentionally added to food is a food additive subject to premarket approval and review by FDA, with some exceptions. The exceptions include substances "generally recognized as safe," or GRAS, because they are generally recognized by experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case of a substance used in food prior to January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of its intended use. PHOs, which are the primary dietary source of industrially-produced trans fat have a history of use as food ingredients and have long been considered GRAS ingredients by the food industry.
However, according to the FDA, GRAS status of a specific use of a particular substance in food is time-dependent. In its Federal Register notice the agency points out that:
as new scientific data and information develop about a substance or the understanding of the consequences of consumption of a substance evolves, expert opinion regarding the safety of a substance for a particular use may change such that there is no longer a consensus that the specific use is safe. The fact that the status of a substance . . . may evolve over time is the underlying basis for FDA's regulation at § 170.38, which provides in part that FDA may, on its own initiative, propose to determine that a substance is not GRAS.
. . .
Further, as stated previously, history of the safe use of a substance in food prior to 1958 is not sufficient to support continued GRAS status if new evidence demonstrates that there is no longer expert consensus that an ingredient is safe.
Essentially, this means that the FDA can take action when it believes an ingredient is, in fact, not GRAS. And that is exactly what is happening here.
For some, this announcement may not come as a surprise. More than a decade ago, in 1999, the FDA proposed that manufacturers be required to declare the amount of trans fat on Nutrition Facts labels because of public health concerns. The agency issued a final rule in July 2003 amending nutrition labeling regulations to require declaration of the trans fatty acid content of food in the nutrition label of conventional foods and dietary supplements (21 CFR 101.9(c)(2)(ii)). That requirement became effective in 2006. Since then, trends have shown that U.S. consumers are making a conscious decision to avoid foods with trans fat and companies are responding by reducing the amount of trans fat in their products.
So if the FDA's preliminary determination is finalized and PHOs are deemed not GRAS, what will this mean for the food industry? If FDA makes a final determination that PHOs are not GRAS, PHOs would become food additives subject to premarket approval by FDA. Foods containing unapproved food additives are considered adulterated under U.S. law, meaning they cannot legally be sold. Accordingly, the agency and food industry would have to figure out a way to phase out the use of PHOs over time.
Interested persons may submit either electronic comments and scientific data and information to http://www.regulations.gov or written comments and scientific data and information to the Division of Dockets Management. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.
Federal Judge Orders FDA to Address "All Natural" Labeling on GMO Foods
Coauthored by Claire Mitchell and Thomas Woods:
California federal courts now appear positioned to lead the way nationally on the issue of whether food products containing genetically modified ingredients, commonly referred to as "GMOs" can be labeled "All Natural." Just last week a federal judge in Colorado stayed the case of Nicole Van Atta v. General Mills, Inc. (Case No. 12-cv-02815-MSK-MJW) (PDF), pending the Food and Drug Administration's (FDA) input on this very issue recently sought from the agency by a California judge in the case of Cox v. Gruma Corp. (Case No. 12-CV-6502 YGR) (PDF).
California, a hotbed of consumer litigation activity due to the state's expansive consumer protection laws, has become a particularly common venue for consumer class actions alleging misbranding and false advertising regarding the use of "All Natural" claims. In particular, many cases have been filed challenging a manufacturer or retailer's use of "All Natural" labels on products containing GMOs. These lawsuits are typically brought under California's unfair competition and false advertising laws (referred to as the "UCL" and "FAL" or §§ 17200 and 17500 of the California Business and Professions Code).
Cox v. Gruma Corp. ("Cox"), the case that lead to the Colorado court's stay, is a class action lawsuit filed in December 2012 in U.S. District Court for the Northern District of California against Gruma Corporation, the manufacturer of Mission® Tortilla chips. The complaint in Cox alleges that the product's labeling is false and misleading because it claims to be "All Natural" when it is not in fact natural due to the involvement of genetically modified corn seed in the product's manufacture.
In Cox, U.S. District Judge Yvonne Gonzalez Rogers issued a final order dated July 11, 2013 (PDF) that stayed the class action for six months and referred to the FDA for an administrative determination the precise question of whether a food product containing GMO ingredients may be labeled "All Natural." In making her decision, Judge Rogers agreed with plaintiffs' argument that "a gaping hole in the current regulatory landscape for 'natural' claims and GMOs" exists. Accordingly, relying on the primary jurisdiction doctrine, Judge Rogers explained that a court may stay proceedings or even dismiss a complaint without prejudice where the claims involve "an issue of first impression or a particularly complicated issue Congress has committed to a regulatory agency." Clark v. Time Warner Cable, 523 F. 3d 1110, 1114 (9th Cir. 2008). Based on the nature of the claims in this lawsuit, Judge Rogers concluded that "[u]nder these circumstances, deference to the FDA's regulatory authority is the appropriate course."
Many, including the plaintiffs, were surprised by this order based on the fact that, more recently, judges handling similar cases in California have refused to apply the primary jurisdiction doctrine to dismiss or stay matters. The plaintiffs object to the stay order. They argue that FDA has repeatedly declined to define the term "natural" when asked to do so, and there is no reason to suspect it should address the issue now differently now. Specifically, in 2010, a New Jersey federal court judge stayed a food-labeling suit against Hornell Brewing Co. Inc. and ordered FDA to address whether products that contain high-fructose corn syrup may be labeled "natural." In a September 2010 letter responding to the court (PDF), Michael Landa, Acting Director of Center for Food Safety and Applied Nutrition (CFSAN) at the time, wrote that FDA was declining to provide such a determination.
It is unclear how FDA will respond to the recent order issued in Cox v. Gruma Corp., however, it is undeniable that there is mounting pressure on the agency to act. Although the Cox plaintiffs are correct that FDA has declined to issue formal rules concerning what is and is not "natural," courts appear to recognize that something this time "feels" different. Perhaps this is because FDA and courts are undeniably more cognizant of the need for resolution of this issue in the context of GMO-containing products given voter interest on the issue throughout 2012, recent Congressional pressure in the form of letters to the agency requesting action on GMO labeling, and several court orders now staying litigation specifically on the issue of whether GMO-containing foods can be labeled "All Natural."
While it is not expected that the FDA will issue a formal rule in response to recent court orders, it is expected that FDA will respond in some form six months from now in a manner that will tell us whether it will, or will not, issue formal rules or updated guidance on this issue in the reasonably near future. For certain, it will be interesting to see how the Court in Cox formally deals with this issue six months from now and how that case impacts litigation throughout the country.
Stoel Rives attorneys will continue to track this case and other similar "All Natural" cases as developments occur. Check back here for updates.
A "Surprise" for Your Sweet Tooth: FDA Revisits Inedible Objects in Candy
Many of you may be familiar with the famous confection known as the Kinder Surprise or Kinder Egg, a toy-filled chocolate that is touted as the single largest children's candy category in the world. The treat is manufactured by the Italian company Ferrero and has risen to nearly cult status in certain countries. Kinder Eggs are sold worldwide; however, U.S. consumers have likely only tried the confection while traveling abroad or through some other surreptitious means. The candy has been banned in the United States for decades.
This Spring, though, U.S. consumers might see something similar to the Kinder Egg in their Easter baskets. Kevin Gass, one of the founders of Candy Treasure LLC located in New Jersey, has developed a safe alternative to the Kinder Egg that meets the approval of both the U.S. Food and Drug Administration (FDA) and the Consumer Product Safety Commission (CPSC).
The FDA has long viewed the practice of intermingling confectionaries with trinkets with apprehension because of the potential choking hazard it presents. In fact, Section 402(d)(1) of the Federal Food, Drug, and Cosmetic Act expressly states that a confectionery is deemed to be adulterated "if it…has partially or completely imbedded therein any nonnutritive object," unless the nonnutritive object has a functional value and would not be injurious to health.
It is clear that the agency's thinking on this subject has not changed. Most recently, in April 2012, the FDA reissued its import alert against Kinder Eggs and other similar products containing imbedded, non-nutritive objects, being offered for sale in the U.S. In the alert, FDA explained that "[t]he imbedded non-nutritive objects in these confectionary products may pose a public health risk as the consumer may unknowingly choke on the object." Individuals attempting to smuggle Kinder Eggs across the border are subject to refusal of admission and a could face a potential fine of $2500 per egg.
Despite these restrictions, Gass announced earlier this month that his company's product has been approved for sale in the U.S. Candy Treasure makes a confection called the Choco Treasure, which, like the Kinder Egg, is a chocolate egg that contains kid-friendly toys, such as figurines, full decks of mini playing cards, 3D puzzles and spinning tops. So how did this New Jersey company circumvent the country's longstanding ban on the sale of confectionery that has a partially or completely imbedded non-nutritive object?
Gass explains that the Choco Treasure candy egg has a specially designed yellow egg-shaped capsule that contains each toy. There is a plastic ridge around the capsule which physically separates the two halves of the chocolate egg. It also alerts children that there is something hidden inside the chocolate. The capsule has a button that must be pushed in order to break it apart. In addition, the inedible toys contained inside the capsule are larger than those typically found inside the European equivalent. You can see how the concept works at the company's website here: http://www.chocotreasure.com/how-it-works/.
This modification to the traditional Ferrero Kinder Egg is considered acceptable and is permitted for sale in the U.S. Ferrero's similar confection remains illegal, on the hand. FDA explained in a Compliance Policy Guide that if the trinkets are physically separated from candy item by some form of wrapping, this would be a sufficient safety precaution.
So this weekend you can enjoy your confection with nonnutritive objects legally. Or, if you are so inclined, you can sign the petition currently pending to lift the ban on Kinder Eggs.
Register Today for FDA's Public Meetings on Two Major FSMA Proposed Rules
Earlier this year, the Food and Drug Administration (FDA) made some progress toward implementing the Food Safety Modernization Act (FSMA) by issuing two new proposed food safety rules. Specifically, the agency published proposed rules to establish standards for (1) growing, harvesting, packing, and holding of produce for human consumption (the "Produce Safety Rule") and for (2) current good manufacturing practice and hazard analysis and risk-based preventive controls for human food (the "Preventive Controls for Human Food Rule").
These two proposed rules are just the first step for establishing the framework for the modern food safety system called for by FSMA. Eventually, the FDA intends to release additional proposed rules addressing importer foreign supplier verification, preventive controls for animal food, and accreditation of third party auditors. A helpful overview of the proposed Produce Safety Rule and the Preventive Controls for Human Food Rule can be found here.
The FDA is currently in the process of soliciting comments on the proposed rules from industry stakeholders. The public may offer comments to the proposed rules over the course of the next several weeks. To facilitate that process FDA is planning to host two additional public meetings in Chicago, IL and Portland, OR in March. These meetings are the second and third in a series of public meetings announced in the January 31, 2013 Federal Register Notice and on FDA's FSMA website. The first public meeting will be held February 28-March 1, 2013, at the U.S. Department of Agriculture in Washington, DC.
Stakeholders will be permitted to submit oral comments during the public meetings. In addition, the meetings aim to inform the public about the FDA rulemaking process (including how to submit comments, data and other information to the rulemaking dockets), and respond to questions about the proposed rules.
In Chicago, the forum will be held on March 11-12, 2013 at The Westin on Michigan Avenue. The meeting in Portland will take place on March 27-28, 2013 at Crown Plaza Portland Downtown Convention Center. To register for either event visit FDA's registration page: http://ppleventreg.com/FDA-FoodSafety-IL-OR/.
FDA Releases Two New Proposed Food Safety Rules
On January 4, 2013, exactly two years after the Food Safety Modernization Act (FSMA) was signed into law by President Obama, the Food and Drug Administration (FDA) published two new proposed food safety rules that will be available for public comment for the next 120 days.
The first rule on "Preventive Controls for Human Food" sets safety requirements for facilities that process, package or store food to be sold in the United States, whether produced at a foreign or domestic-based facility, for human consumption. A separate rule will be issued for animal food in the near future. The rule will require that food facilities implement "preventive controls," a science-based set of measures intended to prevent foodborne illness similar to Hazard Analysis and Critical Control Points (HACCP) systems that are already required by FDA for juice and seafood processors. Each covered facility would be tasked with preparing and implementing a written food safety plan, which would include the following:
- Hazard analysis;
- Risk based preventive controls;
- Monitoring procedures;
- Corrective actions; verification; and
- Recordkeeping.
The FDA is also seeking public comment on a second proposed rule, which proposes enforceable safety standards for the production and harvesting of produce on farms.
This proposed "Standards for Produce Safety" rule proposes science- and risk-based standards that would address the major areas of concern for the fruit and vegetable industry including:
- Irrigation and other agricultural water;
- Farm worker hygiene;
- Manure and other additions to the soil;
- Intrusion of animals in the growing fields;
- Sanitation conditions affecting buildings, equipment and tools.
FDA indicated that the effective date of both proposed rules would be 60 days after the final rule is published. However, in order to allow all businesses, particularly small and very small facilities, adequate time to comply with the new requirements of the rule, FDA plans to adjust the compliance dates based on the facility's size.
Although many in the food industry believe these rules are long overdue, FDA notes that it conducted extensive outreach to the produce industry, the consumer community, other government agencies and the international community. Since January 2011, FDA staff have toured farms and facilities of all sizes nationwide and participated in hundreds of meetings and presentations with global regulatory partners, industry stakeholders, consumer groups, farmers, state and local officials, and the research community. The goal was to develop proposed rules that could be applied to small and large food facilities alike.
FDA intends to release additional proposed rules addressing importer foreign supplier verification, preventive controls for animal food, and accreditation of third party auditors.
The attorneys at Stoel Rives will be providing more details about the proposed rules implementing FSMA here at the Food Liability Law Blog in the coming weeks. Stay tuned.
Egg Safety Rule Now Effective for Midsized Facilities
Egg-associated illness caused by Salmonella has long been recognized as a serious public health problem. Specifically, Salmonella Enteritidis, a bacterium commonly found inside shell eggs that appear normal, continues to be one of the leading bacterial causes of foodborne illness in the United States. These eggs primarily become contaminated on the farm because of infection in the laying hens.
During the 1990s, the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture implemented a series of post-egg production safety efforts such as refrigeration requirements designed to inhibit the growth of bacteria that may be in an egg. Those efforts, as well as egg quality assurance programs (EQAPs) and consumer and retailer education, contributed to a decrease in Salmonella Enteritidis illness during the mid-1990s. However, while these steps limited the growth of bacteria, they did not prevent the initial contamination from occurring. FDA and USDA officials became aware that further reductions in Salmonella Enteritidis illness could not be accomplished without additional federal measures addressing the contamination of shell eggs.
Just over three years ago, in July 2009, the FDA, in collaboration with the USDA's Food Safety and Inspection Service (FSIS), announced a new food safety regulation that it expected would prevent approximately 79,000 cases of foodborne illness and 30 deaths caused by consumption of eggs contaminated with the bacterium Salmonella Enteritidis each year.
In July 2010, the rule become effective for egg producers having 50,000 or more laying hens. Most recently, as of this past Monday, July 9, 2012, egg producers with fewer than 50,000 but at least 3,000 laying hens whose shell eggs are not processed with a treatment, such as pasteurization, are required to comply with the egg safety regulation as well.
Some of the highlights under the rule include that egg producers whose shell eggs are not processed with a treatment, such as pasteurization must:
- Buy chicks and young hens only from suppliers who monitor for Salmonella bacteria
- Establish rodent, pest control, and biosecurity measures to prevent spread of bacteria throughout the farm by people and equipment
- Conduct testing in the poultry house for Salmonella Enteritidis. If the tests find the bacterium, a representative sample of the eggs must be tested over an eight-week time period (four tests at two-week intervals); if any of the four egg tests is positive, the producer must further process the eggs to destroy the bacteria, or divert the eggs to a non-food use
- Clean and disinfect poultry houses that have tested positive for Salmonella Enteritidis
- Refrigerate eggs at 45 degrees F during storage and transportation no later than 36 hours after the eggs are laid (this requirement also applies to egg producers whose eggs receive a treatment, such as pasteurization).
To ensure compliance, egg producers must also maintain a written Salmonella Enteritidis prevention plan along with records documenting their compliance. Egg producers covered by this rule must also register with the FDA. The FDA will develop guidance and enforcement plans to help egg producers comply with the rule and will also begin inspecting medium-sized facilities with fewer than 50,000 but at least 3,000 laying hens in the final quarter of this year.
Raw Milk Redux (and Ken Redux for an Instant)
Our former colleague and still good friend Ken Odza was in our offices last week; I was in a meeting and just had the chance to say hello.
By pure coincidence, one of Ken's favorite topics was in the news this week. Ken had written two big pieces on raw milk for this blog, which can be found here and here. Tyler wrote about another development here.
What happened in Oregon is sad: 20 people were apparently sickened in a single outbreak, including four children, and two of the victims may have long-term complications. E.Coli O157:H7 is not fun for anyone.
The real issue, as the article points out, is what the right level of regulation would be. It's not easy to answer. Drinking raw milk is simply dangerous; it's like playing Russian roulette without knowing how many chambers are in the gun or how many are filled. Ban it and the users go underground. Legalize it and yes, some bad batches will not be caught by inspectors (this happens with a lot of other foods, too, in case you hadn't noticed). You can try to educate people about it, but if there's anything we know now it is that official education on almost any topic will lead to dissent. There's no perfect solution in a free society.
FSIS' New Rule on Poultry Inspection Remains Open for Comment
Earlier this year, the U.S. Department of Agriculture (USDA) issued a press release indicating that the agency's Food Safety and Inspection Service (FSIS) was proposing a new rule to modernize young chicken and turkey slaughter inspection.
Specifically, the rule intends to expand the use of the flexible, more efficient, fully integrated meat and poultry inspection system originally developed by FSIS in the late 1990s known as the HACCP Based Inspection Models Project, or HIMP. According to Alfred Almanza, Administrator of USDA's FSIS, there have been 20 broiler plants under a HIMP pilot program since 1999. He explained that this 13-year-old study was undertaken to determine how best to modernize poultry inspection on a large scale. By expanding HIMP, FSIS aims to focus its inspection resources on the areas of the poultry production system that pose the greatest risk to food safety: the unseen threat of Salmonella and Campylobacter.
Some of the key elements of that new system include:
(1) Requiring establishment personnel to conduct carcass sorting activities before FSIS conducts online carcass inspection so that only carcasses that the establishment deems likely to pass inspection are presented to the carcass inspector; (2) reducing the number of online FSIS carcass inspectors to one per line; and (3) permitting faster line speeds than are permitted under the current inspection systems it replaces.
In the USDA's January news release, Secretary of Agriculture Tom Vilsack supported implementation of the new rule by stating that "[t]he modernization plan will protect public health, improve the efficiency of poultry inspections in the U.S., and reduce spending." He added, "The new inspection system will reduce the risk of foodborne illness by focusing FSIS inspection activities on those tasks that advance our core mission of food safety. By revising current procedures and removing outdated regulatory requirements that do not help combat foodborne illness, the result will be a more efficient and effective use of taxpayer dollars." Significantly, FSIS representatives pointed out that the new rule would prevent 5,200 foodborne illnesses annually, would save taxpayers approximately $90 million over three years, and save the poultry industry more than $250 million annually.
Yet, despite noting the positive impact that the proposed expansion of the HIMP poultry inspection system would have on both food safety and taxpayers' wallets, the USDA received a great deal of criticism from consumers, food safety advocacy groups, the media, and FSIS inspectors themselves.
In particular, critics argued that the HIMP model relinquishes most of the physical poultry inspection duties to the companies that produce the birds for ultimate retail sale. Company employees, rather than FSIS inspectors, will be tasked with sorting defective chickens and examining other quality assurance issues. Inspectors will be responsible for reviewing each bird for fecal contamination. Inevitably, the reduced role of the FSIS inspector will eventually result in the elimination of between 800 and 1,000 FSIS inspectors jobs.
In addition, many are concerned that, under the new rule, poultry plants will be allowed to speed up their lines from an inspection rate of 140 birds per minute to 175 birds per minute. Some inspectors urge that raising the line speed would result in an increased number of unsafe and unwholesome poultry products winding up on the consumer's dinner table.
However, both Almanza and Undersecretary for Food Safety at USDA Elisabeth Hagen maintain that the proposed rule is a step in the right direction for protecting public health. In response to the argument that the new rules places too much inspection authority in the hands of the poultry company, Almanza explained:
Right now, we focus on visual inspections of birds, carcass by carcass, and we look for bumps and blemishes. Do these blemishes put Americans' health at risk? No. But the unseen threats, salmonella and campylobacter, do. Today, we inspect poultry much the same way as we have since the Eisenhower administration, evaluating the quality of each carcass and doing industry's quality assurance work for them. Once upon a time, there was a good explanation for this: when FSIS first started inspecting poultry, quality assurance was thought to be the best way of keeping the public safe and holding industry accountable. But now that our scientific knowledge has advanced and helped us better identify true food safety threats, we cannot do the same thing we've been doing since the 1950s.
Further, Almanza said that the HIMP facilities have been permitted to use a line speed of 175 birds per minute since 1999. "In other words, we have more than a decade of experience slaughter running at 175 bpm, the proposed maximum line speed in the rule," he added.
Hagen underscored that, even with those increased line speeds, when it comes to contamination, the HIMP pilot plants have performed far better than non-HIMP plants. Data collected from the HIMP plants over the last several years support FSIS' proposition to expand the HIMP program to additional poultry slaughter facilities.
Due to the negative response to the proposed rule, though, Undersecretary Hagen announced that the rule will remain open for public comment until April 26, 2012. Comments may be submitted electronically by visiting http://www.regulations.gov or by mailing them to Docket Clerk, U.S. Department of Agriculture (USDA), FSIS, Docket Clerk, Patriots Plaza 3, 355 E. Street SW., 8-163A, Mailstop 3782, Washington, DC 20250-3700.
Green Chemistry Is Back
The Department of Toxic Substances Control (DTSC) released new informal draft regulations whose stated purpose is: "to make safer consumer products ....widespread in California...[and].... provide more protection against toxic chemicals in products on store shelves, while creating market opportunities for industry."
The draft released on October 31, 2011, creates regulations identifying consumer products that contain toxic chemicals. The DTSC claims it will use a science-based process that requires the identification of toxic ingredients and the analysis of alternatives to that ingredient. Based on the results of the analysis, removal of the toxic ingredient and/or posting product information may take place.
The DTSC's draft regulations encompassed the following:
1) The regulations establish a list of Chemicals of Concern (~3,000) based on the work already done by other authoritative organizations. The rules also allow DTSC to identify additional chemicals as Chemicals of Concern.
2) The regulations require DTSC to develop a list of "Priority Products" that contain Chemicals of Concern for which an alternative assessment must be conducted.
3) The regulations require responsible entities (manufacturers, importers, and retailers) to notify DTSC when their product is listed as a Priority Product. DTSC will post this information on its website. Manufacturers (or other responsible entities) for a product listed as a Priority Product must perform an alternatives assessment (AA) for the product and the Chemicals of Concern in the product to determine how to limit potential exposures or the level of potential adverse public health and environmental impacts posed by the Chemical of Concern in the product.
4) The regulations require DTSC to identify and impose regulatory responses to effectively limit potential adverse public health and/or environmental impacts posed by the Priority Product/Chemical of Concern (if the manufacturer decides to retain the Priority Product), or the potential adverse impacts posed by the alternative chemical/product selected to replace the Priority Product.
A prior proposed set of regulations were introduced in 2010, but additional time was required to refine the concepts. The version released in October greatly shortens timeframes, immediately establishes a list of chemicals of concern, and is intended to stimulate a change in the way products are created by incorporating impacts to health and the environment into the design phase. The regulations will be discussed by DTSC's Green Ribbon Science Panel on November 14-15 in Sacramento.
Facts Alleged in CSPI Sodium Suit Incongruent with Claims Asserted
Thought to be the first putative class action against a restaurant chain related to disclosure of sodium content on menus, Center for Science in the Public Interest (CSPI) has filed what appears to be a test case against Denny's. Best guess is the case will fail on its merits (though for CSPI, success in litigation may not be the point).
The case, DeBenedetto v. Denny's Corporation, asserts claims under New Jersey law for consumer fraud, N.J.S.A. 56:8-1, et seq., and breach of the implied warranty of merchantability under the New Jersey U.C.C., N.J.S.A. 12A:2-314(1)-(2). The theory advanced in CSPI's complaint is that consumers have been "duped" about sodium content and that the "ordinary consumer, unschooled in nutrition and perhaps preoccupied with other matters, would not reasonably expect to encounter these high levels of sodium in one meal."
Big incongruency in the complaint is that Denny's does disclose sodium content in its meals. CSPI admits that Denny's provides this information both online and in store pamphlets, but it complains that the information is "incomprehensible." A review of Denny's online disclosures shows a detailed nutritional chart, including sodium levels for every item on its menu. Here's an excerpt of Denny's online disclosures:
But, CSPI's complaint does not really seem to be that disclosures are not clear enough. Indeed, CSPI argues that regardless of such disclosures by restaurants, studies show that "almost no one reads the nutrition information . . . ."
What CSPI is really saying is that sellers of salty foods (not unlike foods contaminated with E. coli) are strictly liable no matter the disclosures. If this were the law (which as of now, it is not), few restaurants (or food manufacturers) would be exempt from paying the medical bills of their customers who develop heart disease. No doubt CSPI's real goal is "regulation through litigation" and the jury is still out whether CSPI's penchant for the court system will affect change.
Obama Administration Focuses on Food Safety
The Obama administration placed food safety front and center over the weekend. In his weekly radio address, President Obama on Saturday announced new leadership at the Food and Drug Administration and the creation of a panel to toughen food safety laws.
Characterizing outdated food safety laws and the lack of resources at the FDA as "a hazard to public health," Mr. Obama announced the appointment of Dr. Margaret Hamburg, a former New York City health commissioner, as FDA commissioner, and Baltimore Health Commissioner Dr. Joshua Sharfstein as the FDA principal deputy commissioner. The president also unveiled the Food Safety Working Group – a group that will consist of cabinet secretaries and senior officials to advise the president on how to update and enforce food safety laws.
President Obama also announced two additional food-safety steps on Saturday: closing a loophole in federal regulation that allows some diseased cows to be slaughtered for food, and a billion-dollar investment to modernize labs and increase the number of food inspectors.
Read a transcript of the president's weekly radio address, download the .mp3 audio, or view the video below.


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Hereford United's new head of recruitment, Mark Ellis, asks for an end to negativity (From Hereford Times)
Get involved! Send your photos, video, news & views by texting HT NEWS to 80360 or e-mail us
Hereford United's new head of recruitment, Mark Ellis, asks for an end to negativity
Updated 1:05pm Thursday 12th June 2014 in News
Mark Ellis, Director of Football at Hereford United, is asking for fans to "stop all the negativity".
HEREFORD United's new head of recruitment has asked for fans to get behind the club.
Mark Ellis told the Hereford Times before training this morning that people need to "stop all the negativity".
Ellis said he was unhappy with the criticism on the fans' sites.
"You are not from the fans forums are you?" he also asked.
Mr Ellis added: "We have got some excellent players from clubs like Chelsea and QPR and if we are in the Southern League, we will only be there for one season."
Ellis is a football agent at Crystalsportsmanagement and has been an analyst, first-team scout and recruitment at AFC Bournemouth.
Ellis said he has a host of excellent young players training this morning at Victoria Park - many of whom had previously been at professional clubs.
The training session is being run by Ellis and overseen by Jon Taylor, a former assistant manager at Banbury United.
Taylot was briefly at Banbury United in 2012-13 and worked under manager Edwin Stein.
Sam Gwynne was taking part in the session, which was run very enthusiastically and professionally, and also watched by sports therapist Jonny Evans and kitman Roger Lloyd.
There were around 19 young players at the session - with three goalkeepers.
A couple of additional players are expected to arrive from Spain tomorrow.
Comments (19)
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11:50am Thu 12 Jun 14
B the B says...
The fans have been through an emotional roller coaster ending with being expelled from the league. I suggest he waits till the new owner shows his mug at the ground, then he'll see negativity.
11:57am Thu 12 Jun 14
Huxton says...
Pay players. Pay staff. Stop bullying staff members.
12:03pm Thu 12 Jun 14
mizza21 says...
After all the staff, players and fans have been through...
The lies from the board and the failure to manage....
With these same individuals in place and with no team, league or viable business; Mr Ellis has the gall to say 'stop the negativity'
Why not just kick us in the nuts while you're at it Ellis !!!
12:10pm Thu 12 Jun 14
A.Non01 says...
Mr Ellis, & Mr Agomber are going to be in for a rough ride!
12:11pm Thu 12 Jun 14
Steve Harris 1957 says...
12:12pm Thu 12 Jun 14
yokelyokel says...
12:14pm Thu 12 Jun 14
cheneycharlie says...
A. The board with endless, empty promises to the staff, players & Football Conference that payments to football creditors will be made.
No-one believes you any more. It's the reality.
12:19pm Thu 12 Jun 14
Steve Harris 1957 says...
12:30pm Thu 12 Jun 14
yokelyokel says...
Steve Harris 1957 wrote:Nope, not the first time
Indeed, in fairness if comments are encouraged (as they are), it's wrong to change main story content afterwards..It's not the first time is it.
And another change just made - the fans forum comment has been paraphrased and put in again.
Come on HT, why not allow your journalist or web inputter to add to the comments thread to explain or record changes to the main story.
12:38pm Thu 12 Jun 14
Hugh-G-Rection says...
They make my sh1t itch.
12:41pm Thu 12 Jun 14
AylestoneVoice says...
So Mr Ellis what do you expect when you are an integral part of this corruption?
12:43pm Thu 12 Jun 14
Steve Harris 1957 says...
At this point in time, from a football point of view, it's critical given the non-truths etc being spouted from the new people!
Tripping readers up by making retrospective changes is not on HT, intentional or not.
12:47pm Thu 12 Jun 14
dadgey says...
12:59pm Thu 12 Jun 14
fmrbill says...
1:02pm Thu 12 Jun 14
mizza21 says...
Changing the content of the story once it has been published should be explained. Why remove the comment about fans forums from Ellis?
The HT, as Herefordshires finest organ, should be transparent about that.
secondly, dadgey.. there is exciting and exciting. Rumours of Stehen Vaughan's potential involvement and stories of Tommy Agombars past are exciting, like when someone kicks you in the nuts.
Watching the club play below it's level, but winning every game is exciting in that the jeopardy is that we mustn't lose to ensure promotion.
Please sell the club to HUST for a quid Tommy. Or at least pay people and be transparent and for gawds sake don't involve Vaughan or I will go nowhere near the club and I am not alone in that view.
8:45pm Thu 12 Jun 14
Bindi2014 says...
6:21am Fri 13 Jun 14
silentbull2 says...
It certainly hasn't gone on players wages staff wages telephone bill electric bill gas bill council rent etc etc
And I bet 'you' Mr Ellis (or whatever your name is) have been paid eh
7:05am Fri 13 Jun 14
silentbull2 says...
They are purposely not being paid from the top 'for what purpose' i hear you ask?
'Well' the ground is on prime developmenting ground and the two at the top Keyte & Tommy Agombar are after the two ends to build on, to profit on!!!
they don't care about the football club They don't care about what will be built there all they care about is how much money they can run away with.
nearly everyone has cottoned on to what these people are up to but there's still that 'few' including the Hereford Times ( start doing your research and stop reporting as though everything is ok because it 'clearly' isn't) sadly that think the club has got a bright future under these two 'con artists'.
8:25pm Fri 13 Jun 14
littlewhitebull says...
mizza21 wrote:Mizza, I have been out of reach of internet and email for nearly a week. When I left home all was well. The club was saved and all money was to be paid by the deadline. Our conference future was secure.
Talk about an ill judged comment.
After all the staff, players and fans have been through...
The lies from the board and the failure to manage....
With these same individuals in place and with no team, league or viable business; Mr Ellis has the gall to say 'stop the negativity'
Why not just kick us in the nuts while you're at it Ellis !!!
I have just managed to get internet and find that all hell has broken loose. I am seething and very saddened at this devastating news.
Why have we been fed such lies?
I cannot believe what has happened.
Now I am in area where internet connection is possible, I shall try and get a real handle on the news from Edgar Street.
Keep up your great comments.
Comments are closed on this article.


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A convicted Miami businessman who ran a multimillion-dollar check-cashing operation won't be getting a new trial — after his lawyer tried to prove that prosecutors held back information that a key witness, one-time University of Miami booster Nevin Shapiro, was under criminal investigation when he testified against the man.
U.S. District Judge Joan Lenard ruled Tuesday that federal prosecutors in Miami did not know that Shapiro was being investigated in New Jersey for a Ponzi scheme in December 2008, when he testified against Juan Rene Caro, owner of the La Bamba check-cashing company.
Caro, who was found guilty, is serving an 18-year prison sentence for filing $132 million in false currency transaction reports.
Lenard rejected a new bid by defense attorney Arturo Hernandez to hold an evidentiary hearing to explore whether a Justice Department lawyer who teamed up with a Miami prosecutor in the La Bamba trial knew about the FBI's investigation of Shapiro in New Jersey months before he took the stand.
Hernandez filed documents such as government emails in hopes of challenging the Miami prosecution team's timeline.
The Miami prosecutors first informed Hernandez of the Shapiro criminal probe when Shapiro was charged in April 2010.
Hernandez argued that had he been told about the Shapiro probe, he would have asked him about his investment scam on the witness stand. Hernandez said he was "disappointed" with the judge's ruling.
Hernandez made his move after Shapiro wrote the judge in May, saying Caro did not receive a fair trial.
Shapiro, who had borrowed money from Caro to pay off gambling debts, acknowledged he committed perjury when he took the stand and testified about his occupation as head of Miami Beach-based Capital Investments USA. He described it as a grocery brokerage business.
Shapiro, who gained notoriety for reporting to the NCAA about his gift-giving to UM athletes, was sentenced to 20 years in prison in 2011 for his $930 million Ponzi scheme.


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Scott and Genevieve Kelley
Aug 28, 2014
Dominick Stanin
Aug 21, 2014
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Aug 14, 2014
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Jul 24, 2014
Home » News » Crime
Search continues for missing Charlestown woman
Crime scene tape lies on the road behind the State Police cruiser outside the entrance to the roadway leading to Kelly Robarge's house in Charlestown. (Meghan Pierce photo)
Robarge, 42, of 124 Happy Acres Road, was last seen in the late morning hours on Thursday, and worried family and friends reported her missing around 4:30 p.m. that day, according to Susan Morrell, senior assistant attorney general.
The State Police Major Crime Unit van is parked outside Kelly Robarge's home at 124 Happy Acres Road in Charlestown on Saturday afternoon as authorities continue to investigate her disappearance. (Meghan Pierce photo)
"I can't comment on where any of the evidence is leading us other than it's given us cause for concern for her safety," she said.
White said Kelly Robarge has two adult daughters and a young grandson.
White said the first inkling of trouble came Thursday evening, when a neighbor called to check on the well-being of her husband, who has a medical condition. The neighbor told them to look outside, where they saw five state police cruisers and a local police cruiser parked near the end of their driveway.
Still, she said, "We just thought that they must have found a crime scene and maybe some kind of violence because it sounded that way."
"They seemed like pretty nice people," his wife, Cathy Hewey, said.
Asked whether there's a risk to the public, given the suspicious disappearance of a local woman, Morrell said it's too soon to definitively answer that question.
Authorities are asking anyone with information regarding the disappearance or whereabouts of Robarge to contact state police at 271-3636.
swickham@ unonleader.com
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