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Purpose .................................................................................................................................................... 3
Background .............................................................................................................................................. 3
ACCC inquiry into the grocery sector .................................................................................................. 3
ACCC grocery sector inquiry report—2008 ................................................................................... 4
ACCC grocery sector inquiry report—Recommendations ............................................................. 5
Farm gate prices—focus on the dairy industry ................................................................................... 6
Senate Economics Committee report—2009 ................................................................................ 6
Supermarket price decisions—focus on the dairy industry ................................................................ 8
Coles discounting of milk ............................................................................................................... 8
Senate Economics Committee report—2011 ................................................................................ 9
Impacts report .......................................................................................................................... 9
Basis of policy commitment .............................................................................................................. 10
Senate Committee consideration ..................................................................................................... 10
House of Representatives Committee consideration ....................................................................... 11
Position of major interest groups ..................................................................................................... 11
Financial implications ............................................................................................................................. 12
Main issues............................................................................................................................................. 12
Producer price................................................................................................................................... 12
Determining the farm gate price ................................................................................................. 12
No reference to costs .................................................................................................................. 13
Annual average ............................................................................................................................ 13
BILLS DIGEST NO. 84, 2011-12 5 December 2011
Constitutional Corporations (Farm Gate to Plate) Bill 2011
Paula Pyburne Law and Bills Digest Section
Cost of providing pricing information ............................................................................................... 14
Key provisions ........................................................................................................................................ 14
Concluding comments ........................................................................................................................... 16
Constitutional Corporations (Farm Gate to Plate) Bill 2011 3
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Constitutional Corporations (Farm Gate to Plate) Bill 2011
Date introduced: 19 September 2011
House: House of Representatives
Portfolio: Private Member's Bill—Bob Katter, Jnr, MP
Commencement: Sections 1-2 on the day of Royal Assent; Sections 3-14 on the 28th day after the Royal Assent
Links: The links to the Bill, its Explanatory Memorandum and second reading speech can be found on the Bill's home page, or through http://www.aph.gov.au/bills/. When Bills have been passed and have received Royal Assent, they become Acts, which can be found at the ComLaw website at http://www.comlaw.gov.au/.
The purpose of the Constitutional Corporations (Farm Gate to Plate) Bill 2011 (the Bill) is to require grocery retailers which are constitutional corporations to display the average annual farm gate price received by farmers for produce, in close proximity to the selling price for that produce.
ACCC inquiry into the grocery sector
On 22 January 2008, the then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs requested the Australian Competition and Consumer Commissioner (ACCC) to hold a public inquiry into the competitiveness of retail prices for standard groceries (ACCC grocery sector inquiry) as authorised by Part VIIA of the Trade Practices Act 1974 (TPA).1
The ACCC grocery sector inquiry arose from concerns within the community about whether the gap between farm gate and check-out prices for groceries had been widening, such that farmers and suppliers were getting less, while retailers were getting more. In addition, there were concerns about the long-term future of small family-run independent supermarket operators and smaller
1. This followed an earlier report to the Senate by the ACCC dated 30 September 2002 on the prices paid to suppliers by retailers in the grocery industry. Australian Competition and Consumer Commission, Report to the Senate by the Australian Competition and Consumer Commission on prices paid to suppliers by retailers in the Australian grocery industry, Commonwealth of Australia, Canberra, 30 September 2002, viewed on 17 November 2011, http://www.accc.gov.au/content/index.phtml/itemId/307369
4 Constitutional Corporations (Farm Gate to Plate) Bill 2011
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retailers such as butchers, bakeries and greengrocers because of their inability to compete with the major supermarket chains—Coles and Woolworths.2
Matters that were taken into consideration by the ACCC grocery sector inquiry included, but were not limited to: 3
⢠the structure of the grocery industry at the supply, wholesale and retail levels including mergers
and acquisitions by the national retailers ⢠the nature of competition at the supply, wholesale, and retail levels of the grocery industry
⢠the competitive position of small and independent retailers
⢠the pricing practices of the national grocery retailers and the representation of grocery prices to
consumers ⢠factors influencing the pricing of inputs along the supply chain for standard grocery items
⢠any impediments to efficient pricing of inputs along the supply chain, and
⢠the effectiveness of the Horticulture Code of Conduct (the Horticulture Code), and whether the
inclusion of other major buyers such as retailers would improve the effectiveness of the Horticulture Code.4
ACCC grocery sector inquiry report—2008
The ACCC provided its report (the ACCC grocery sector inquiry report)5 to the Assistant Treasurer and Minister for Competition Policy and Consumer Affairs on 31 July 2008.6
The ACCC grocery sector inquiry report is an extensive one. It describes the grocery sector in Australia as follows:
Coles and Woolworths are seen as dominating the grocery sector. Nevertheless, there is a need for some caution when looking at figures used to describe market concentration because a
2. The initial Issues paper, formal submissions, transcripts of hearings and the final report can be viewed at: http://www.accc.gov.au/content/index.phtml/itemId/809228 3. Australian Competition and Consumer Commission, Notice of inquiry into grocery prices, 30 January 2008, viewed 17 November 2011,
http://www.accc.gov.au/content/item.phtml?itemId=809231&nodeId=70a177076a6e491e588918710b50c2a6&fn=N otice%20of%20inquiry%E2%80%9430%20Jan%2008.pdf 4. Mr Katter has introduced a further Private Member's Bill into the House of Representatives to address issues arising from the operation of the Horticulture Code of Conduct. Details of the Competition and Consumer Amendment
(Horticultural Code of Conduct) Bill 2011 can be viewed on the relevant Bill's home page: http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillhome%2Fr4666% 22
5. Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, Commonwealth of Australia, July 2008, viewed 17 November 2010, http://www.accc.gov.au/content/index.phtml?itemId=838251
6. C Bowen (Assistant Treasurer; Minister for Competition Policy and Consumer Affairs), Government receives ACCC grocery prices report, media release, no. 60, 31 July 2008, viewed 17 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2FTO5R6%22
Constitutional Corporations (Farm Gate to Plate) Bill 2011 5
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variety of statistics are used. Also, it is clear from the analysis by the ACCC that there are local markets as well as wider regional and national markets.
Statistics analysed by the ACCC suggest that Coles and Woolworths account for approximately 70 per cent of packaged grocery sales in Australia and approximately 50 per cent of fresh product sales, such as meat, fruit and vegetables.
Coles and Woolworths have maintained a fairly consistent share of supermarkets above 1000 square metres over the last 10 years, with each having just over 30 per cent of stores nationally. Coles and Woolworths are much more significant in relation to larger stores, accounting for around 87 per cent of all supermarkets above 2000 square metres.
There is little evidence to suggest that Coles and Woolworths have simply 'bought out' the competition.
Millions of Australian consumers shop at Coles and Woolworths in preference or addition to a number of alternatives—the local independent, the specialty bread shop, the Saturday market and/or the corner shop. High concentration levels alone do not dictate the nature of competition. There are other markets internationally that are more concentrated but appear to be more competitive.
The ACCC, having considered the submissions which had been made, formed the view that:
... some industry participants, representative groups and commentators have made unsupported claims to the inquiry and in the media. These claims were based on generalisations and there was a failure to provide facts to support the claims. 8
ACCC grocery sector inquiry report—Recommendations
Despite this apparent dismissal of some of the claims made to the grocery sector inquiry, the ACCC did make a number of Recommendations including:
⢠amendments to the Horticulture Code of Conduct
⢠amendments to state planning laws as they affect the location of supermarkets
⢠introduction of unit pricing, and
⢠introduction of a creeping acquisitions law. 9
7. Australian Competition and Consumer Commission, Report of the ACCC inquiry into the competitiveness of retail prices for standard groceries, op. cit., p. xv. 8. Ibid., p. iii.
9. Ibid., p. xxiv. The Government introduced the Competition and Consumer Legislation Amendment Bill 2011 into the House of Representatives on 15 June 2011 for the purpose of clarifying the operation of the mergers and acquisitions provisions of the Competition and Consumer Act 2010 (formerly the TPA). However, at the time of writing this Bills Digest, the Bill had not been considered by the Senate. Details of the Bill and the Explanatory Memorandum can be viewed at the relevant Bill's home page: http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillhome%2Fr4600%
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In particular, the ACCC grocery sector inquiry report did not accept other suggestions such as placing a cap on the market share of any single retailer or separating the wholesale and retail divisions of Coles and Woolworths on the grounds that such moves would be likely to have adverse efficiency effects leading to an increase in grocery prices for consumers.
Farm gate prices—focus on the dairy industry
The ACCC grocery sector inquiry report noted that the relationship between the farm gate and the check-out is quite direct for fresh products, such as meat, fresh fruit and vegetables. Coles and Woolworths often purchase directly from farmers, bypassing wholesalers, and then organise any necessary further processing themselves.
The ACCC grocery sector inquiry did not find any evidence to suggest that the major supermarket chains were acting in an anti-competitive way in their dealings with suppliers of fresh products. Nor was there evidence to suggest that retail prices for fresh products were going up by a greater percentage than farm-gate prices.10
The ACCC grocery sector inquiry report concluded:
The ACCC accepts that many Australian farmers are suffering and low prices for their product may be a significant contributing factor. However, the extent to which the market power of retailers contributes to this problem is limited. 11
Senate Economics Committee report—2009
Approximately 12 months later, on 10 September 2009, the Senate Economics Committee was requested to investigate the varying prices being paid to dairy farmers in different Australian states, and report on a range of matters including:
⢠the economic effect on the dairy industry of announced reductions in prices to be paid to
producers by milk processors ⢠the impact of the concentration of supermarket supply contracts on milk market conditions, and
⢠whether the TPA is in need of review having regard to market conditions and industry sector
concentration in this industry.12
22. A discussion of the operation of the Bill is contained in M A Neilsen, Competition and Consumer Legislation Amendment Bill 2011, Bills Digest, no. 149, 2010-11, Parliamentary Library, Canberra, 23 June 2011, viewed 17 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F865926% 22
10. Ibid.
11. Ibid., p. xx.
Constitutional Corporations (Farm Gate to Plate) Bill 2011 7
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The Senate Economics Committee report concentrates on the dairy industry—rather than the grocery sector as a whole—describing the circumstances that led to the inquiry as follows:
Since its deregulation in 1999 the Australian dairy industry has evolved from a protected and regulated industry with many small farms, to one based on fewer but larger farms competing both nationally and internationally. During this period significant consolidation has also been occurring at the retail and processor levels, which are now dominated by two supermarket chains and a handful of (now mostly foreign owned) processors, placing the farmers at a competitive disadvantage. These structural changes were masked in the boom years. Indeed in 2007-08 Australia's dairy farmers were receiving record high farm gate prices for their milk and confidence was high—there was overconfidence in some industry advisors. That changed more or less overnight with a fall in the international commodity price which was followed by processors announcing price step-downs.
In many ways, this statement accords with the earlier ACCC grocery sector inquiry report. However, what was clear to the Senate Economics Committee was that new pricing policies had arisen out of the Global Financial Crisis. The Senate Economics Committee made a number of Recommendations, most particularly that:
⢠the Government request the ACCC to use its information-gathering powers to provide more
accurate estimates of the proportions of the retail price of milk that reflect both the costs and the profits, of farmers, processors and retailers14 ⢠the Government request the National Competition Tribunal to review the effectiveness of section
46 of the TPA in preventing price discrimination; and consider reinstating anti-price discrimination provisions into the TPA to protect those parties participating in industries dominated by multinational corporations15 ⢠the Government request the ACCC to undertake monitoring of the pricing practices within the
dairy chain with a view to establishing whether predatory pricing or misuse of market power is occurring16 ⢠the TPA be amended to inhibit firms achieving market power through takeovers or abusing
market power and that 'market power' be expressly defined so that it is less than market dominance and does not require a firm to have unfettered power to set prices,17 and ⢠the ACCC conduct further study into the implications of increasing shares of the grocery market
being taken by the generic products of the major supermarket chains.18
12. Senate Economics Committee, Milking it for all it's worth—competition and pricing in the Australian dairy industry, Senate, Canberra, 13 May 2010, viewed 17 November 2011, http://www.aph.gov.au/Senate/committee/economics_ctte/dairy_industry_09/report/index.htm
13. Ibid., p. 1. 14. Recommendation 3. 15. Recommendation 1. 16. Recommendation 4. 17. Recommendation 7. 18. Recommendation 8.
8 Constitutional Corporations (Farm Gate to Plate) Bill 2011
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Supermarket price decisions—focus on the dairy industry
Coles discounting of milk
On 26 January 2011, Coles announced as part of its 'Down Down' price promotion campaign that the price of Coles brand regular and low fat milk would be cut by as much as 33 per cent, to $2 for a two litre bottle.19 Woolworths followed Coles' price cuts straight away, with other supermarkets such as ALDI, Franklins, some IGA stores and other retailers following soon after.
This caused some concern in the community on two fronts. First, that the price reductions in milk by Coles, and to some extent by Woolworths, were being subsidised by prices of other goods.20 Second, that continued discounting could 'trigger the demise of the dairy industry' as retailers could apply pressure through the supply chain leading to lower farm gate prices being paid to farmers.21
The ACCC undertook an examination of Coles' conduct in relation to the current competition law (ACCC milk pricing inquiry), and concluded that there was no evidence that Coles was engaging in predatory pricing in contravention of the Competition and Consumer Act 2010 (CCA).22 Rather, the Chairman of the ACCC, Graeme Samuel stated that:
The major impact of the reduction in milk prices since January seems to have been a reduction in the supermarkets' profit margins on house brand milk. These price reductions have benefited consumers who purchase house brand milk...
As to the relationship between dairy farmers and milk processors, it is the case that some processors pay some farmers a lower farm gate price for milk sold as supermarket house brand milk. However on the evidence we've gathered over the last 6 months it seems most milk processors pay the same farm gate price to dairy farmers irrespective of whether it is intended to be sold as branded or house brand milk.
19. S Mitchell, 'Coles pushes "down down" deals', Australian Financial Review, 1 February 2011, p. 16, viewed 17 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F523041%22
20. S O'Brien, 'Grocery war will hurt us', Herald Sun, 1 February 2011, p. 24, viewed 17 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F523685%22 21. A Hepworth, 'Milk wars "may kill off farms"', Australian, 2 March 2011, p. 6, viewed 17 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F592106%22 22. General news, 'Coles not guilty of milk scandal', Australian Financial Review, 23 July 2011, p. 10, viewed
17 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F942486%22 23. G Samuel, ACCC: Coles discounting of house brand milk is not predatory pricing, media release, 22 July 2011, viewed 17 November 2011, http://www.accc.gov.au/content/index.phtml/itemId/998776/fromItemId/966100
Constitutional Corporations (Farm Gate to Plate) Bill 2011 9
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Senate Economics Committee report—2011
In response to industry concerns about the supermarket price cuts, the Senate resolved, on 10 February 2011, to refer the issue to the Economics References Committee (second Economics Committee) for inquiry and report into the impact on the Australian dairy industry supply chain of Coles discounting of the price of milk.
Clearly, that inquiry was conducted at the same time as the ACCC milk pricing inquiry. Although the subject matter was the same, the terms of reference were not. The second Economics Committee was to consider matters such as, but not limited to:
⢠farm gate, wholesale and retail milk prices
⢠whether the price reduction is anti-competitive
⢠the suitability of the framework contained in the Horticulture Code of Conduct to the Australian
dairy industry, and ⢠the need for any legislative amendments. 24
Impacts report
The second Economics Committee published its final report entitled: The impacts of supermarket price decisions on the dairy industry (the impacts report), on 3 November 2011.25 The second Economics Committee did not consider that the specific price discounts by Coles which were the subject of its inquiry, warrant legislative amendments. In fact, it warned that:
care needs to be taken when suggesting amendments to the Competition and Consumer Act based on the experience of one industry (or part of one industry, as is the case with the milk discounts) as they would apply to the entire economy. Even if amendments to Australia's competition law were needed, it is not clear that the amendments proposed during the inquiry would actually provide a 'remedy' to the milk pricing issue.
Having noted comments by the newly appointed Chairman of the ACCC, Rod Sims that some aspects of section 46 of the CCA, which deals with misuses of market power, are 'worth debating' the second Economics Committee considered that:
24. Details of the terms of reference, submissions received, and reports published by, the Senate Economics References Committee can be viewed at: http://www.aph.gov.au/Senate/committee/economics_ctte/dairy_industry_supermarket_2011/index.htm
25. Economics References Committee, The impacts of supermarket price decisions on the dairy industry, Final report, Senate, Canberra, November 2011, viewed 17 November 2011, http://www.aph.gov.au/Senate/committee/economics_ctte/dairy_industry_supermarket_2011/report/report.pdf
26. Ibid., p. xvi.
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It appears appropriate that, rather than recommending piecemeal amendments, an independent inquiry be formed to fully address any perceived gaps in, or issues with, Australia's competition law. 27
At the time of writing this Bills Digest, the Government had not formally responded to that Recommendation.
Basis of policy commitment
This Bill is sponsored by Independent Senator Nick Xenophon in the Senate. Speaking on behalf of the Bill, Senator Xenophon stated:
Australia has some of the highest grocery prices in the developed world.
In 2009, the OECD reported that grocery prices in Australia had increased by over 40 percent in the last ten year. In comparison, prices in the US rose on 28.4 percent over the same period.
But even though consumers are paying more than ever for fresh produce, more and more farmers and producers are struggling. The gap between what farmers are paid and what shoppers are paying continues to grow. Recent examples include apples, bought from growers at $2 per kilo and sold at $7 per kilo, and oranges, bought for 18 cents a kilo and sold for $3 a kilo.
When it comes to vegetables, things aren't any better. Growers sell potatoes for about 35 cents a kilo. Shoppers pay around $2 a kilo. And cabbage, which sells for $2.38 a kilo, earns only 55 cents a kilo for growers. 28
Together, Senator Xenophon and Independent MP Bob Katter have drafted the Bill to 'force supermarkets to divulge the information on their websites and at the point of sale in the hope of getting farmers a better deal'.29
Senate Committee consideration
The Bill has been referred to the Senate Economics Committee (Economics Committee) for inquiry and report by 24 November 2011.30 The Economics Committee published its final report on 25
27. Ibid.
28. N Xenophon, 'Second reading speech: Constitutional Corporations (Farm Gate to Plate) Bill 2011', Senate, Hansard, 13 September 2011, p. 5906, viewed 21 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2F5b24bb7 6-55c2-4688-8430-e6687ef5a346%2F0056%22
29. Business news, 'Food breakdown', Northern Territory News, 16 August 2011, p. 23, viewed 21 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F1005428%22
Constitutional Corporations (Farm Gate to Plate) Bill 2011 11
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November 2011 stating that it had 'reached a very strong view that ... the Bill should not be passed'.31
The Economics Committee expressed its concerns about the Bill in relation to a number of matters. First, the Economics Committee was not satisfied that the problem which the Bill seeks to address— that is, to ensure that farmers receive a fair price for their produce—'either does not exist or is at least extremely contentious'.32
Second, the Economics Committee took the viewed that there were difficulties with the method by which the retailer would be required to calculate the producer price, in that it was not clear 'how the 12-month period is to be determined and how regularly prices are to be updated'.33
House of Representatives Committee consideration
The Bill has also been referred to the House of Representatives Agriculture, Resources, Fisheries and Forestry Committee (House of Representatives Committee) for inquiry and report by 16 December 2011.34
Position of major interest groups
The NSW Farmers Federation has been reported as supporting the Bill on the grounds that it would promote transparency and assist growers struggling because of cheap imports and rising costs. In addition, it would 'help consumers understand that, when they see high prices on the supermarket shelves, farmers are not receiving any more'.35
The comments of other stakeholders are canvassed below under the heading 'Main issues'.
30. The details of the inquiry by the Senate Economics Committee, the submissions received and the final report (when published) are at: http://www.aph.gov.au/Senate/committee/economics_ctte/constitutional_corporations_bill_2011/index.htm
31. Economics Legislation Committee, Constitutional Corporations (Farm Gate to Plate) Bill 2011, Senate, Canberra, 25 November 2011, viewed 5 December 2011, http://www.aph.gov.au/Senate/committee/economics_ctte/constitutional_corporations_bill_2011/report/index.ht m
32. Ibid., pp. 45-46. 33. Ibid., p. 46. 34. The details of the inquiry by the House of Representatives Committee, the submission received and the final report are at: http://www.aph.gov.au/house/committee/arff/horticultural/index.htm
35. S Townsend, 'Farm gate pricing up for debate', Hobart Mercury, 12 September 2011, p. 10, viewed 21 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F1078086%22
12 Constitutional Corporations (Farm Gate to Plate) Bill 2011
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Financial implications
The Explanatory Memorandum does not address the question of whether the Bill would have financial implications on the Commonwealth. As the Bill would require action to be taken by constitutional corporations which are also grocery retailers, the financial burden would rest with those organisations.
There may be some cost to the Commonwealth as the Bill would add to the regulatory burden of the Australian Competition and Consumer Commission (ACCC).
Main issues
Producer price
The Bill defines the 'producer price' as the average farm gate price received by farmers for a specific type of produce produced within a specified 12-month period.
Determining the farm gate price
The Tasmanian Government's Submission to the Economics Committee contends that calculating the farm gate price received by farmers is 'extremely challenging'.36 This view is based on the following factors:
⢠the major supermarkets purchase some produce from wholesalers so that the supermarkets may
not have knowledge of the price paid further down the supply chain to the producer ⢠produce is often consolidated, graded, packed or processed by an intermediary which may be
sourcing from multiple growers so that it is not possible to ascertain the farm gate price, and ⢠where major retailers do source produce directly from growers, there may be more than one
supplier involved—with the potential that suppliers were paid a different price for the same produce.
This view is echoed by Woolworths. In its submission to the Economics Committee, Woolworths states:
... the actual concept of a farm gate price as described in the Bill simply does not exist in practice. The flat price paid to farmers when they first on-sell their produce will include various levels of value adding that are not separated out from any basic price for harvested produce
36. Department of Economic Development, Tourism and the Arts (Tasmania), Submission to the Senate Economics Committee, Inquiry into the Constitutional Corporations (Farm Gate to Plate) Bill 2011, October 2011, p. 3, viewed 21 November 2011, https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=c57ce6bb-a010-4b26-8d6e-c9c520c27504
Constitutional Corporations (Farm Gate to Plate) Bill 2011 13
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including transport and packing. In addition, for the most part Woolworths does not see this first buy price for farmers. The majority of our produce is purchased through wholesalers. We only have visibility of the buy price we pay to these intermediaries ... 37
No reference to costs
According to the Citrus Growers of South Australia, a farm gate price would only inform consumers of the price paid to the grower at the point of sale. It would not take into account subsequent costs such as packing, transport, marketing and agent fees, advertising and promotion costs, which all decrease the return to the grower.38
Instead, Cathy Lowe, who represents South Australian citrus growers, has suggested that farmers would be better protected if there was better policing of the Government's 'truth in labelling' policy which was meant to inform consumers whether they were buying local or imported produce.39
The Tasmanian Government also considered that the Bill posed problems in that it does not allow for geographical distance or other cost variation, stating:
Modelling this variation would be extremely complex, if not impossible and this raises the problem about the value of comparison. Across the market, there may be a wide variety in differential pricing that has nothing to do with profit margins and may render the value of the farm gate price invalid as a comparative measure.
Annual average
Woolworths has questioned the benefits of an average annual price on the grounds that 'horticulture is a volatile and dynamic industry and prices change on a daily basis' so that 'when a customer views an average annual buy price on a product it would have no relation to the price a retailer paid for the product in front of them'.41
37. Woolworths Limited, Submission to the Senate Economics Committee, Inquiry into the Constitutional Corporations (Farm Gate to Plate) Bill 2011, 31 October 2011, p. 2, viewed 21 November 2011, https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=e1fcc228-080d-4acd-8540-55cf01981852
38. Citrus Growers of South Australia, Submission to the Senate Economics Committee, Inquiry into the Constitutional Corporations (Farm Gate to Plate) Bill 2011, 28 October 2011, p. 1, viewed 21 November 2011, https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=d1b85eeb-58a2-4850-a592-5061347867be
39. F Anderson, 'Food bill doesn't satisfy', Australian Financial Review, 16 November 2011, p. 8, viewed 21 November 2011, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressclp%2F1228515%22
40. Department of Economic Development, Tourism and the Arts (Tasmania), op. cit., p. 3. 41. Woolworths Limited, op. cit., p. 12.
14 Constitutional Corporations (Farm Gate to Plate) Bill 2011
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Cost of providing pricing information
Finally, it has been said that 'the cost of providing the farm gate pricing information will not be insignificant'.42 The Australian Food and Grocery Council has suggested that the costs that are incurred by grocery retailers in verifying the data and displaying it on supermarket signage 'will almost certainly be extracted from the suppliers by the supermarkets, putting further pressure on their margins'.43
Key provisions
This Bill is directed at 'constitutional corporations'. This term is defined in clause 7 of the Bill as being 'a corporation to which paragraph 51(xx) of the Constitution applies'. 44 That paragraph refers to foreign corporations and trading or financial corporations, formed within Australia. Essentially, to be considered a trading or financial corporation, an entity must be first, incorporated and second, engaged in 'substantial45' trading46 or financial47 activities.
Part IVB of the CCA provides for industry codes which can be either mandatory or voluntary. The Unit Pricing Regulations are a mandatory industry code for the retail grocery industry. The purpose of the code is to require large grocery retailers, those grocery retailers that operate online, and those grocery retailers that voluntarily display unit prices, to use unit pricing when selling grocery items to consumers. The Regulations implement one of the Recommendations of the ACCC grocery sector inquiry report.
Clause 7 of this Bill adopts some of the definitions contained in the Trade Practices (Industry Codes—Unit Pricing) Regulations 2009 (Unit Pricing Regulations), in particular:
⢠floor space
⢠food-based grocery item
⢠retail premises, and
⢠selling price.
42. Australian Food and Grocery Council, Submission to the Senate Economics Legislation Committee, Inquiry into the Constitutional Corporations (Farm Gate to Plate) Bill 2011, October 2011, p. 8, viewed 21 November 2011, https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=d87425a4-714a-4148-9849-c1112e814929
43. Ibid.
44. The definition is expressed in the same terms as, for example, section 12 of the Fair Work Act 2009. 45. The Queen v Federal Court of Australia: Ex parte WA National Football League [1979] 143 CLR 190, p. 208, viewed 24 November 2011, http://www.austlii.edu.au/au/cases/cth/HCA/1979/6.html 46. Trading refers to the business of buying, selling, exchanging or bartering goods or services, or being engaged in the
business of commerce. 47. Financial dealings are acts such as borrowing, lending, banking or insurance and the provision of management and advisory services in relation to financial matters.
Constitutional Corporations (Farm Gate to Plate) Bill 2011 15
Warning: All viewers of this digest are advised to visit the disclaimer appearing at the end of this document. The disclaimer sets out the status and purpose of the digest.
The Bill's definition of 'grocery retailer' is based on the definition of 'store-based grocery retailer' in the Unit Pricing Regulations—including the requirement that the grocery retailer has more than 1000 square metres of floor space dedicated to the display of grocery items. This will ensure that smaller grocery retailers which may also be constitutional corporations will not be captured by the Bill.
In addition, clause 7 makes clear that the price to be displayed is the average annual price paid to the producer without any reference to the costs of transport, processing, storage, marketing and profit margins.
Subclause 9(1) requires a grocer retailer as defined by the Bill to display the average annual farm gate price (called the 'producer price') for all produce sold. The Bill defines 'produce' as fresh fruit and vegetable produce. Subclause 9(2) mimics the Unit Pricing Regulations to require that the producer price is displayed prominently and in close proximity to the selling price for the produce. The producer price must be legible and unambiguous.
There is also a requirement in subclause 9(3) that a grocery retailer to whom the Bill applies must publish the producer price on its website.
Where a grocery retailer contravenes any of those requirements, clause 11 deems that Division 5 of Part XI of the CCA—about infringement notices—will apply. Division 5 of Part XI of the CCA permits the ACCC to issue an infringement notice as an alternative to taking proceedings under section 224 of the CCA seeking pecuniary penalties for a breach of relevant consumer protection proceedings. An infringement notice must include:
⢠the name and address of the person to whom it is issued
⢠details of the alleged contravention, including the date of the alleged contravention and the
particular legislative provision which was contravened ⢠the maximum pecuniary penalty which the Court could order the person to pay for the alleged
contravention ⢠the penalty which is payable in relation to the alleged contravention, and
⢠a statement of how payment of the penalty is to be made. 48
If the person to whom an infringement notice is issued pays the specified penalty, payment is not regarded as admission of a breach and no proceedings may be instituted against the person in relation to the subject matter of the notice.49 Clause 13 of the Bill sets the penalty to be specified in an infringement notice as 600 penalty units (that is, $66 000) which is consistent with many of the infringement notice penalty amounts which are contained in Division 5 of Part XI of the CCA.
48. Section 134B, Competition and Consumer Act 2010. 49. Section 134D, Competition and Consumer Act 2010.
16 Constitutional Corporations (Farm Gate to Plate) Bill 2011
Warning: All viewers of this digest are advised to visit the disclaimer appearing at the end of this document. The disclaimer sets out the status and purpose of the digest.
The question which arises from the drafting of this Bill is whether there is any consequence in the event that a constitutional corporation fails to pay the amount specified on the infringement notice. Part VI of the CCA contains the enforcement and remedies provisions. However this Bill does not enliven those provisions. Instead, clause 12 allows the ACCC to issue an infringement notice or to apply to the Federal Court for such order or orders as the ACCC thinks appropriate. It should be noted that generally, it is for the Federal Court, rather than the ACCC, to determine what order would be appropriate.
Concluding comments
The stated object of the Bill is to enable consumers to understand the pricing practices of grocery retailers. However, even if consumers are informed of the price paid at the farm gate, and the final price to be paid at the check-out, it remains to be seen whether this information alone will 'get farmers a better deal' as the Bill's sponsors want.
It may be that the Bill, if enacted, gives no more than a pyrrhic victory—if the publication of farm gate pricing information comes at a cost to consumers, or to the very producers that it seeks to assist, as a result of the costs of providing the information being passed through the supply chain to either, or both, of those groups.
Constitutional Corporations (Farm Gate to Plate) Bill 2011 17
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Me and my friend have started a new vintage clothing site http://www.bohemian-hobo.blogspot.com/ and were selling vintage clothing we've collected from lots of different places such as Leeds, Manchester, York and London for a reasonable price. We are also selling flowerhead bands, jewellery, head accessorises and many more.
Each week we will post a couple of images images that have inspired us and we will be making copies of them and selling the merchandise on our site.
For more information go to http://www.bohemian-hobo.blogspot.com/!

subset: commoncrawl


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Kellan Lutz: 'Legend Of Hercules' NYC Premiere!
Kellan Lutz is handsome in a suit while attending the premiere of his latest film The Legend Of Hercules held at the Crosby Street Hotel on Monday (January 6) in New York City.
The 28-year-old actor was joined on the red carpet by director Renny Harlin.
PHOTOS: Check out the latest pics of Kellan Lutz
Earlier in the day, Kellan addressed rumors that he is dating Miley Cyrus when he called into KIIS FM's On Air with Ryan Seacrest.
In case you didn't know, The Legend Of Hercules hits theaters on Friday (January 10)!
FYI: Kellan is wearing a John Varvatos suit. Dockers sponsored the premiere.
15+ pictures inside of Kellan Lutz attending The Legend Of Hercules premiere…


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Asset Publisher Asset Publisher
Welcome to the The Land Of Karchan's Wiki
Welcome to the Land of Karchan MUD, a land filled with mystery and enchantment, where weapons, magic, intelligence, and common sense play key roles in the realm. Where love and war can be one and the same. Where elves coexist peacefully with the humans, and make war with the dwarves. Where the sun rises, and the moon falls. Where one can change into a hero with a single swipe of his sword.
How to Register
On the Karchan website in the top right hand corner there is a blue box that says 'sign in'. Click it. Locate where it says 'Create Account'. Fill in required information. An email will be sent to you, you do need to check your email and verify your email address.
NOTE: We do recommend you pick a character name for your screen name.
The following steps also need to be undertaken:
- Once registered, and able to login, click on your name in the tab on the upper-right corner of the screen and select Dashboard from the dropdown list.
- Under "My sites" you will see that you are not a member of *any* sites.
- Under "Available sites" there is just one option: "Karchan".
- Click on the "Join" next to Karchan
- Done. You should be able to edit the Wiki, when you select it in the menu bar.
- If you do not see the option to edit while logged into liferay, hover your mouse over 'my sites' in the blue menu bar that is located in the upper right hand side of the screen. Make sure you have the right 'eye' option selected (not the eye with the line through it).
|Guilds, Groups & Families
|Myths and Stories
|Duels & Tournaments
|Models In Use


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The YotaPhone is an example of one of the things we like the most about Android -- crazy hardware implemented in new and interesting ways. Dual-screen smartphones are nothing new -- recall the ill-fated Kyocera Echo of old. But Yota Devices' YotaPhone is the first we can recall that packs both a traditional LCD front and e-ink back, and today we went hands-on with the phone at Mobile World Congress. Both sides are coated in Corning Gorilla Glass 2, though the back has more of a matte texture to it. This gives the YotaPhone a unique appearance, which is accentuated by its slightly curved back.
Powering the YotaPhone is a dual-core Snapdragon S4 CPU at 1.5GHz. Around the back is a 12MP camera, and the power button cleverly doubles as a SIM tray. On the software side, it's near-vanilla Jelly Bean running the show -- Yota's left the Android UI mostly intact. Both screens are 4.3 inches diagonally, and the LCD clocks in at 1280x720 pixels. As you'd expect from the vanilla Android UI running on an S4 chip, the UI is smooth and lag-free.
The phone's also lacking traditional Android buttons -- instead, button commands are activated based on gesture controls on a panel under the LCD. Swipe halfway from right to left to go back, all the way to go home, and long press the middle for the task-switcher. Similarly, you can copy images from the front screen to the rear by swiping from top to bottom with two fingers.
Certain apps, such as Calendar and Weather, can also run natively on the rear display, and there's an in-app button for transferring things to the rear screen. This means you're able to view content without burning through quite so much juice -- and it could also be useful for viewing certain types of information in bright sunlight.
The YotaPhone probably won't be a mass-market seller in the West, but it is an incredibly cool device nonetheless, playing to the strengths of both LCD and e-ink. We've got hands-on photos and a quick video demo after the break.


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Edwin van der Sar, 45, set to come out of retirement for VV Noordwijk
Former Dutch international goalkeeper Edwin van der Sar has announced that he is set to defy his creaking bones and come out of retirement at the grand old age of 45.
Van der Sar's last competitive appearance came for Manchester United in the 2011 Champions League final. His next will come in the second tier of the Dutch amateur leagues.
Van der Sar (45) gaat bij hoofdklasser Noordwijk keepen https://t.co/DcoCvIEDyP pic.twitter.com/b6h9xeHdsl- AD.nl/sportwereld (@ADSportwereld) March 8, 2016
The former Ajax, Juventus and Fulham stopper has agreed to make a special one-off appearance for his boyhood club VV Noordwijk after their first-choice keeper, Mustafa Amezrine, sustained a knee injury during a recent tie.
Noordwijk currently play in the Hoofdklasse, which is the fourth tier of Dutch football.
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Athletes often say they strive to be their best by working hard, preparing and not letting there be any distractions.
Sometimes athletes will credit God. An Iowa wrestler had high praise in his mullet.
After beating T.J. Dudley of Nebraska in the Big Ten wrestling championships on Sunday, Iowa's Sammy Brooks had high praise for his mullet.
"You can't grow a great mullet in a day; you can't win a Big Ten title in a day," Brooks said.
Digital Access For Only $0.99
For the most comprehensive local coverage, subscribe today.
Pete Grathoff: 816-234-4330, @pgrathoff


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|The Expression of the Emotions in Man and Animals (N.Y. ed.), p. 290.
|Spalding: Macmillan's Magazine, Feb. 1873, p. 287.
|Ibid., p. 289.
|Psychologie de l'enfant, p. 72.
|Der menschliche Wille, p. 224.
Francis Galton (1822–1911) loved to measure things. Over his lifetime, he tabulated and
analyzed data involving high- and low-pressure fronts as he developed the first weather
maps, charted southwest Africa (today's Namibia), and tried to quantify everything from a
woman's beauty to a man's intellectual talents and proclivities to various degrees of bore-
dom of attendees at scientific lectures. Galton was born into a wealthy family, his father
was a banker, and his mother was the eldest daughter of Erasmus Darwin, perhaps the
most famous physician and philosopher of the previous generation. As the youngest child,
Galton enjoyed the doting attention of his mother and older sisters. Indeed, as the result of
sororal tutoring, Galton was reading as a toddler and enjoyed Shakespeare at the age of 7.
He found boarding school abhorrent and later said that his classical education, focused on
Latin and Greek prose, did not contribute to his eventual scientific interests. Galton at-
tended a number of colleges, studying medicine at Birmingham General Hospital; anato-
my and chemistry at Kings College; and mathematics, which he particularly enjoyed, at
Cambridge University, where he received his degree in 1843. Like his cousin, Charles Dar-
win (p. 188), Galton found witnessing surgery repellent but eventually learned to detach
the agonizing screams of the patients (who then underwent surgery without anesthesia)
from the mechanics of the operation. When, with the death of his father, he came into his
inheritance, Galton traveled to Egypt, the Sudan, and the Middle East, returning with such
a variety of experiences that he was asked to instruct British soldiers in the camping tech-
niques. He wrote a popular book, The Art of Travel, Or, Shifts and Contrivances Available
in Wild Countries, for the tourist seeking exotic adventure. The publication of Darwin's (p.
188) The Origin of Species inspired Galton to start exploring human behavior and inheri-
tance. Several publications followed, including the 1888 article, "Co-Relations and Their


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Lambert bemoans 'world-class' Marshall saves
Aston Villa boss Paul Lambert bemoaned the "world-class saves" that Cardiff City goalkeeper David Marshall made in the 0-0 draw on Tuesday.
Marshall produced two superb saves in the second half at the Cardiff City Stadium, including an incredible reaction stop in injury time to deny Andreas Weimann, the Scot twisting his body to somehow tip the close-range effort up and over the crossbar.
It denied Villa what would have been a huge three points in their battle to avoid relegation, with Lambert's side currently in 11th place in the Premier League table, four points clear of the bottom three.
Lambert, who knows Marshall from their time at Celtic, was full of praise for the 28-year-old.
"'Marshy', who I know from Celtic, has kept them in it," he said.
"He's made two world-class saves, especially the one at the end.
"In the second half we were fantastic, and I thought there was only one team likely to win it.
"Leo (Bacuna) should have scored, Gabby (Agbonlahor) should have scored and the two saves 'Marshy' had has kept them in it.
"He's played against Barcelona in the Nou Camp and was world class that night. You're talking about parking the bus, we parked everything that night.
"Then we played against Rangers on the Sunday and he was the same then.
"You always knew he had the potential. I think he lost his way a little bit then started to pick up again and he had a really good game."


text: One of my favorite lakes in Banff. While you glide across these calm blue waters you have a good chance of seeing elk, moose and other wildlife. Since the lake is smaller than others in the area, the water is enticingly peaceful. Stunning views of the surrounding mountain ranges accentuate the tranquil ambience. If you pick up your Banff National Park fishing license, you can also enjoy great trout fishing here. Two Jack Lake is also great for scuba diving, so sign up for an expedition and see what you discover when you plunge beneath the cold, clear waters. #aquatrove #nationalpark #hiking #camp #waterlust #bestof5 #lifeinexpedia #patterns #weekendgetaway #takeahike


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Connor's Success Story
Last year I placed 15th at the Reebok CrossFit North West Regionals. The work that Dr. Robert Curtis did for me at Advanced Sports Chiropractics was vital to my success through the preparation, qualification and competition. His knowledge and care allowed me to perform my best at the highest level I could. He took a personal interest in my success as an athlete and treatment as a patient.
I have since moved away from Bellingham but still have made it a point to come up before I have any competition to get some work done on my body to make sure I am moving and feeling good. The knowledgable staff and attention to detail is unmatched, I recommend Dr. Curtis for any of your spine, mobility and recovery needs!


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|One of the few memories I have of my birth mother. Taken April 2010.
- I had a good cry today. It was one year ago that I lost my birth mother. Our relationship was a short one. Only 30 months. But it was an important relationship for me. We were just getting to know each other when she was taken away. I blogged about this a year ago. You can read that post here. Thinking of her inevitably makes me think of the mother (who raised me) and who I lost over 10 years ago. Not a day goes by that I don't think about both of these amazing women. Both played an important role in my life, just at different times. Miss you and wish you were here. You are always in my heart.
- Wow! I just read my post from a year ago and it made me cry all over again.
- Julien is super excited about Halloween tonight. He's dressed up as Luigi (from Super Mario Brothers). He was Mario last year. I found his costume at Value Village for $5, sans the hat. Wasn't sure what to do about the hat. So I had an "a-ha" moment in the car on Tuesday. I took one of my hubby's old hats, covered it in kelly green felt (with a glue gun), pasted a white felt "L" to the front and voila! A costume that cost me $7. The gloves were left overs from Mario's costume last year.
- I'm hoping and praying the inclement weather we are expected holds off until Trick or Treat time is over. I have A LOT of candy I need to shell out! Would be very bad for hubby if it doesn't get given away. He has no will power.
- I'm roasting a chicken right now and having sauteed broccoli with red peppers and onions for a side. That is all.
|Just in case you were wondering, and I know you were, this is what I look like
when I'm getting stripped.
- Yesterday I had my calves and my neck stripped by my massage therapist. The calves hurt like a mother effer, and my massage therapist commented that he was glad that I found Jesus. The neck was not nearly as bad but if my eyes were not open in the above (right) picture, I would have looked like I was dead.
- I also went to physio last night and Graham told me that I was VERY close to running again. Honest to God I wanted to kiss him full on the lips. But that would have been wrong on so many levels. He's very young, he's in a committed relationship, I'm married...and HELLO? He's my physio therapist. So I abstained. But I did do a happy dance in front of him.
- I went to see Ron today. He's the assistant manager at the Running Room. We shot the shit for about 20 minutes. We chatted about my comeback to running and he suggested, and I agreed, that I'm going to follow the Learn to Run program for a couple of weeks before I head into 1/2 marathon training. Thanks for the suggestion Ron!
- I contemplated registering for the Chilly 1/2 Marathon again this year. It was my 1st half marathon. I decided not to. For several reasons, but financial was the main one. Instead I'm going to volunteer at that race. It is a nostalgic run for me and I want to participate any way I can.
- I have been eating on plan over the past couple of weeks. I have not posted my food journal because in my opinion, it's super boring and super repetitive. I just eat the exact same things every single day. I know that can't be very inspirational, but it's the truth. I need a sound whipping. I swear I'm not a masochist.
|Cheap gas!!!!! I think I did pretty damn good with that Luigi hat!
- Heather was kind enough to give me some
pornliterature suggestions. I have read them all. Just for the record, I also enjoyed all books written by Rachel Gibson. I'm not just stuck in historical romance.
- Yesterday I met a new client who lives in Brantford. This is very exciting for me. Not only is it only 35 minutes from Hamilton, but it also means cheap gas! I am a hop, skip and a jump away from the Grand River First Nation. I paid 96 cents per liter for gas yesterday. I would have paid $1.23 for it anywhere else. The perks of having a gas card!
- I had a meeting at another work location this morning. I saw the woman who covered my maternity leave. She made no indication of recognizing me. Even when I addressed her. My colleague called her back and said, "do you know my colleague?" to which she answered that she did not. Once I started really talking to her, she finally recognized who I was and said, "It's been a long time since I've seen you. You look great!". Always nice to hear.
- I also saw my former supervisor from when I used to work in residence. He smiled at me, but I could tell from the vacant look in his eyes, he did not know who I was.
- Happy Halloween everyone! It's raining right now. Guess hubby's going to get wet!


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Christmas in Fuengirola and in Costa del Sol has been the topic of our blog posts in the last few weeks, so now it is time to talk about Christmas at Hotel Florida Spa.
Today, 25th of December 2017, is Christmas Day, so we have lots to celebrate. To start with today from 5:30 to 7:00 P.M. there will be Happy Hour in our Bar Miami and at 5:30 P.M. "Silvia" the pianist will perform there too. At 7:00 when Happy Hour ends in our restaurant "Orlando" we will have the special Christmas Gala Dinner prepared by our team of chefs with a lot of love and care. During the Gala Dinner there will be live music by "Sorrento".
At 10:00 P.M. again in Bar Miami popular group "Miss Gin" will perform.
Tomorrow, Tuesday 26th December, as every year, from 1:00 P.M. we will have a great party to celebrate Boxing Day all together.
As always, there will be complimentary drinks, gifts and appetisers for those who attend, music and lots of fun.
And to end the year in a great way, on the 31st of December, in Bar Miami we will have Happy Hour from 7:30 to 9:00 P.M. and "Esperanto" will perform from 7:30 P.M.
At 9:00 P.M., when Happy Hour in Bar Miami is over, our fabulous New Year's Eve Gala Dinner will start in our restaurant "Orlando" with live music by "Blue Diamond Duo".
At midnight, after we have eaten the traditional 12 grapes to celebrate the start of 2018, the group "Esperanto" will perform again.
All the staff of Hotel Florida Spa wish you a very happy Christmas, hope you enjoy Boxing Day and wish you an amazing 2018!


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CBS Corp (CBS) Falls 4.73% for February 05Equities Staff Follow |
One of the S&P 500's big losers for Friday February 05 was CBS Corp (CBS). The company's stock fell 4.73% to $46.12 on volume of 4.49 million shares.
The stock opened the day at 48.22 and traded between a low of $46.10 and a high of $48.54. The stock finished the day down $2.29 per share. CBS Corp has an average daily volume of 5.68 million and a total float of 471.53 million shares. The 50-day SMA for CBS Corp is $47.50 and its 200-day SMA is $50.40. The high for the stock over the last 52 weeks is $63.95 and the low is $38.51.
CBS Corp operates businesses within the media and entertainment industries, including the CBS Television Network, cable networks, content production and distribution, television and radio stations, Internet-based businesses, and consumer publishing.
CBS Corp is centered in New York, NY, and has 22,940 employees. Today's trading day leaves the company with a market cap of $21.75 billion. The company has a P/S ratio of n/a, P/B ratio of 3.7, and a 62.4.
For a complete fundamental analysis analysis of CBS Corp, check out Equities.com's Stock Valuation Analysis report for CBS. To see the latest independent stock recommendations from Equities.com's analysts, visit our Research section.
The S&P 500 represents the industry standard for large-cap indices. While the Dow Jones Industrial Average (DJIA) may be the most visible stock market index in the country, the S&P 500 has long been relied on by industry insiders and fund managers as the more reliable gauge of portfolio performance.
While the DJIA is price-weighted and only includes 30 stocks, the S&P 500 uses a weighting system that factors in market cap and the size of a company's free float while including some 500 stocks for a more comprehensive look at the broader markets' performance. Its performance is far more representative of the large- and mega-cap stocks for any period of time.
For more news on the financial markets, go to Equities.com. Also, learn more about our independent proprietary equity research reports and our robust do-it-yourself Stock Valuation Analysis reports in our Research section.
All data provided by QuoteMedia and was accurate as of 4:30PM ET.
DISCLOSURE: The views and opinions expressed in this article are those of the authors, and do not represent the views of equities.com. Readers should not consider statements made by the author as formal recommendations and should consult their financial advisor before making any investment decisions. To read our full disclosure, please go to: http://www.equities.com/disclaimer


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Sunday, May 11, 2014
Sketch N Scrap Birthday Bash: Scraplift Challenge with Jenn at Live in the Moment
7 comments:
Super cute layout, I've seen that face many times with my grandkids :) I agree it is a fun way to get scrapping done. So far the month's been a blast and the perfect time for another month of challenges :)ReplyDelete
LOVE this! My son has a pouty face too, and he is still using it at age 16 sometimes! lol! I love the bright banners and the mix of patterns you used! Thanks for joining in our birthday bash at Sketch N Scrap!ReplyDelete
My daughter had a very good pouty face and I took photographic evidence too! What a wonderful take on Jennifer's scraplift challenge - love the colours you have used. Thanks for joining in with us during Sketch N Scraps Birthday Bash. xxReplyDelete
This is such a cute layout! I really like the colors of your banner - they are great!ReplyDelete
Wow! I just came over here from Jennifer's blog as I am checking out all the other Scraplift layouts. And I noticed that your blog banner has the same banner element I have used in my scraplift!! I modified the colours to match my layout, made one side shorter and also edited the way the strings and staples at the ends sat, to be more realistic. This is a really old element I had from a 2Peas freebie back in the day. Fancy seeing it here as well. Funny :)ReplyDelete
Here's my layout if you are interested. http://rosy-cheek.blogspot.com.au/2014/05/simple-pleasures-mar-yee-yo.html
Love your version of the scraplift too! Really nice colours and the banner looks super cute.ReplyDelete
Great layout!! I love the photo! :) I see that look a lot from my kids! LOL Thanks for playing along with my birthday challenge at Sketch N Scrap! Love what you did!!ReplyDelete


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Blog Archives
This past week has been crazy. Actually, no, that's a lie, my whole life has been crazy…but especially the past week and a half or so.
ANYWAYS! Here's some things that have made me happy over the last little bit (hopefully they make you happy as well)!
First off: AWESOMENESS! My latest article over at SciFi4Me focused on why being a geek is awesome. Read the rest of this entry


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Today, a friend & fellow blogger reviewed the latest Adventures of Superman on Twitter with the following tweet.
Adventures of Superman 4: Meh. Bit pretentious. Not a huge fan of "what Superman means" essays. Saving grace: Titano!"Not a huge fan of what Superman means essays" sums up in a rather neat, concise fashion a problem I have with so many stories from the past twenty years of Superman comics and why I'm enjoying the New 52 Superman so much. (I have to emphasise of course that my pal's tweet was referring specifically to Adventures of Superman #4. The following thoughts and opinions are my own and I am by no means presuming to speak on his behalf.)
— Siskoid (@Siskoid) May 25, 2013
|Action Comics #830 (2005)
|Superman #701 (2010)
|Action Comics #12 (2012)
|Superman #17 (2013)
After all, action speaks louder than words, and I think this particularly applies to a character that appears regularly in Action Comics!
|Action Comics #18 (2013)


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Ultra dreamy interiors - rooms that just speak for themselves - sleek, neat, light and bright - just perfect for a white Wednesday
All images from Elle Decor website
OMG, what beautiful rooms... great inspiration for future decorating!!! Happy White Wednesday... blessings~~~ Daphne
I can't even imagine living in such a beautiful place-only in my dreams!
Ultra chic rooms! Just beautiful! Happy WW!
xoxo laurie


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By Editorial Staff The Chevrolet FNR-X all-purpose sports concept vehicle made its world premiere today at Auto Shanghai 2017.
Chevrolet previously showcased the Chevrolet-FNR (Find New Roads) concept vehicle developed by GM's Pan Asia Technical Automotive Center (PATAC) joint venture at Auto Shanghai 2015.
"The Chevrolet-FNR is one of Chevrolet's most forward-thinking concept cars, truly exemplifying the brand's passion for innovation and ingenuity," said Alan Batey, GM executive vice president and president of GM North America and Global Chevrolet. "The FNR-X builds on the design and technology showcased on the original FNR concept and embodies the belief at Chevrolet's core that anything is possible."
The futuristic-looking
Read Full Article Here
For more great articles: Electric Cars Report


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An earthquake with a preliminary magnitude of 3.0 struck in Santa Clara County shortly after noon today, according to the U.S. Geological Survey. The earthquake occurred at 12:03 p.m. and had a depth of about 4 miles.
The quake was centered 10 miles east of the Seven Trees area, 11 miles north of Morgan Hill and 13 miles east-southeast of San Jose City Hall, according to the USGS.


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Cockpit Feel/Fit –
Alright, this is where this bike shines. The cockpit feels wonderfully natural. The moment I swung a leg over the saddle, gripping the handlebars, 5.10s on flats, I knew what I could do with this bike. I knew I could ride it down our local DH trails and I knew I could jump it off most of the local doubles. I knew I could pedal it up hill on long trail rides and I knew I could have fun. The very natural and neutral cockpit feel and body position is great.
One thing that did become immediately apparent was that the stem would have to go and be replaced by a stout 50mm stem. Maybe for smaller people it wont be an issue, but I felt too much flex from the stem just pushing down the sides of the handlebars in the office. Once replaced, the bars felt solid and the front end of the bike became very confidence inspiring.
The handlebars are a bit shorter than the 28″ I normally use but are very comfortable. They are very stiff and didn't tilt or flex once a stouter stem was put on.
Over all I was able to find a saddled position that was comfy and kept my body relatively up right. On long rides my arms never grew tired of supporting my body, like they do in a more aggressively designed cockpit. Do keep in mind that I did run a shorter stem than what comes on the bike (75mm I believe is stock). This did help give me a more upright position. But even with the standard stem the cockpit feels great.
The Pro Palm lock ons are a bit thicker than ODI Ruffians. One thing I really like is that Norco recognizes that lock on grips are meant for hard trails and hard riding, and this bike can take it. So it is great to see that Norco didn't cut corners and put regular grips on this bike.
Climbing –
So lets be honest, the Fluid LT isn't meant to be a billy goat up a mountain. It can climb but there is pedal bob. The bob isn't too apparent on slow climbs while in the saddle, in the middle or small ring. But out of the saddle, or when putting down some thrashing power the pedal bob shows up. It would have been great to have had a handle bar adjustable pro-pedal lock on the shock but as it was, on long climbs I would set the rebound to the slowest rate possible and reduce the pedal bob as much as I could. When the shock rebounds slower then cold molasses, pedal bob is pretty much solved. It isn't really that big of an issue but it is there and you should be aware.
The adjustable travel on the fork is a great feature to have for long climbs or even for trail rides. However, the aforementioned issues with the travel adjust knob mean that you may not utilize the feature as much as you would, if it were easier to engage. But, as it is, even when not using it at every chance, the fork still provides a stable feel. There were several rides where I just used the fork in the 120mm position and it was fine.


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Nov '12
The second part of the Nature in Sin City series is mainly focused on the Valley of Fire state parks and Red Rock Canyon National Conservation Area (whew! what a long name!)
Valley of Fire State Park
This is a must-visit place if you love desert scenery, petroglyph (ancient Indian rock art) and strange looking rock formation. The spring time makes the best time to visit the park and besides nice and warm weather, you will also see blooming of wildflower. Although the weather is nice, please do be sure to bring plenty of water.
This place is only about an hour and half way from the strip and you can finish it in half day. If you decided to explore, plan a full day for it. We entered the park from the east entrance and we were immediately awestruck by the symbol of the park and the flagship of all the rock formations – the elephant rock. The millions of years of wind erosion crafted this natural art and it was named for its extreme close resemblance to a mammoth. The rock is located right at the pay station with a easy 0.1 mile hike. This is a must-see. Don't miss it.
Once we got to the visitor center for a park map. We started our tour with the Mouse's Tank trail – a known hideout for a renegade Indian named Little Mouse. This fellow gunned down two people in the late 1800 and decided to hide here in the middle of barren desert for months. The law enforcement thought he was a goner from dehydration. But there was a water source – a water hole at the bottom of the tall canyon wall where the water is collected and stored from rain drops and dews. The shade from the canyon wall prevents and water from evaporation and it can stay here for months in the desert. I didn't know if Little Mouse eventually got captured or died from the dirty water in the tank. But his cousin Mickey seems to be doing pretty well in the children's entertainment business few hundred miles away. 🙂
Once you enter the canyon of Mouse's tank, be prepared for the galleries of petroglyph on the canyon wall. Ancient Pueblo Indians were the master of these beautiful rock art. The meaning of the art was never determined because the Indians did not have written language nor descendants to translate the art. We were on a tour with the park ranger and we were told that some symbols were translated from the resemblance of the real objects, like waterwheel, bighorn sheep, shaman, full moon. etc.
The dry and heat from desert drained our energy faster than anywhere else. After vising the mouse tank, we needed a lunch break and there was just a spot for it, Atalatl Rock. Imaging having lunch under the shade in front of a giant boulder with over 100 pieces of petroglyph. This place beats every where else in the park for a lunch spot. The boulder is so big and the park rangers have to build a staircase to take take visitors up two story high. So how does this compare to the art in Mouse Tank? The galleries in the Mouse Tank is something that you will need to take time to discover whereas the Atalatl Rock has all the petroglyph arts at one stop. To us, it is always for excited to discover them on our own than to follow given direction.
The second attraction nearby the Rock is the Arch Rock. The rock is about 15 ft wide and 10 ft tall. From a distance, it may look like it's off limit to visitors. But there is a trail leading us right in front of the arch. You will have to pass the arch for another 100 ft and the trail head is on the left of the arch. If you wanna called it the last stop of the area, don't! keep going and follow the dirt trail, you will find yourself driving through the wilderness of red rock on a remote route. This made an exciting exit to get back on the main road.
The last stop of the park is the beehive. Like its name, the rock is close resemblance to a beehive. The rock is just a off the parking lot. There are more places to discover but we ran out of day light.
Red Rock Canyon
Just 20 minutes away from the heart of the Sin City lies the Red Rock Canyon National Conservation Area. We were pretty impressed with the name and the newly constructed visitor center. The attractions are far less impressive than that from Vally of Fire. But don't let me turn you down, this is still quite a place and I would plan a half-day visit or even a full day if hiking is on your list. Especially if you are tired of the smell of cigarettes and the sound of slot machines, this is a perfect getaway for the fresh air.
Once we paid the 7$ entrance fee, the first attraction was the visitor center. If you are interested in the formation of the red rock, wildlife, history and people of the land, this is your place. Again, a well maintained place for geeks and families. Too bad it was heavily funded by casinos and it delivers a message to downplay the environmental impacted caused by the big players in sin city. One of the placards in the center states that the beautiful night light from the city is a decoration rather than a pollution. 100 miles away in Death valley, the visitor center displays a very different message and condemning the city for light pollution. It's all up to who's paying the bill.
Once we started the engine, the self-guided tour began with a gallery of the red rock. From a distance, the indestructible monument made it hard to believe that it was once a field of red sand dune and dinosaurs once roamed the region. Tons of fossils were discovered here. As we got closer, it was not only a scenery, but also a playground for rock climbers and scramblers. Every wall was occupied by climbers and scramblers running jumping, climbing from one boulder to another to get to the top.
The difference between climbing and scrambling is the frequency of using rope to belay. While climbers love to challenge the vertical wall and often heavily equipped, scramblers are off-trail hikers who look for ways to get to the summit. Rock climbing is more of a hobby while rock scrambling is considered to be a part of hardcore hiking.
The well maintained pavement in the park opens the door to another adventure. We saw bunch of this tiny racing pod running around in the park.
There are many hiking trails in the park. Because Cora was sick from her severe allergy, we were passing most of the trails except for one; the Lost Creek waterfall trail. When I heard there is a water fall in the middle of the desert, I said to myself this is a must-see. I had to drag poor Cora out of the car. To exchange for her company, I had to pay a prize – I would carry everything myself.
The trail was short. Only 1.1 miles and you will find petroglyph on the way. When we found it, or whatever left of it, it was on a boulder by the trail and it was already destroyed by rock climbers. We saw the fading painting mixed with the white palm print from the climber's chalk. It was disappointing to see some people are willing the sacrifice the heritage of the people for a few minutes of thrill. Plus, I wouldn't call it a thrill because the boulder was only 10 feet tall. So what happened to the park rangers? Was this supposed to be protected? I thought this is a national conservation area, no? I guess the casino's funding stopped right at the visitor center. What a shame.
Once we get to the fall, we were disappointed once again by the tiny stream of the fall. The fall is about 50 ft high and the small stream of water trickling down from the top was like a broken shower head. If you are expecting a water fall like Blue Angel Fall in Maui, please scratch this trail of your list. After all, it was worth the exercise.
By the time we got back to the car, we saw the sun setting behind the mountain. We exited the park and there was still a bit of sunlight left, we parked the car at the parking lot near the exit and by the helipad, I grabbed this killer shot just before the sunset. I used my newly purchased, Tamron 70-300mm VC, and luckily, the fading sunlight lit up the red rock once again before leaving the stage for the dusk.
In the parking lot, it was filled with cars and people. We saw a wedding and the couple were not young. They were both very excited as passing by cars honking to celebrate. With our honk roaring, we left the place and headed back to the Sin city.
1 Comment » to "POTW #4 – Nature in Sin City, cont…."
facebook fans Says:
Excellent article. I have to should seek advice


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Over the 3 day weekend I took the time to thoroughly clean and sanitize some of my equipment. As I was able to deduce that the infection spread through 1 yeast into 2 fermenters, I knew what I needed to care for. I started by giving all 3 fermenters a 17 hour soak in hot PBW over night. I gave it the recommended ½ cup dosage for the 15-25 minutes, and left it for 17 hours. I came to find out that I actually didn't need to use that much if I was doing an elongated soaking, but at least this way I know they are clean. After this I filled a bucket with the PBW solution from one of the Better Bottles, removed the brass ball valve from my conical (it smelled like mushrooms – not cool), and placed the conical into the bucket so that the threads could get a good soak. At this point I filled the Better Bottles with cold water and 3 cap fulls of bleach. After a few hours I removed the bleach water and refilled the Better Bottles with PBW solution to help clean out any bleach. I then rinsed each one 5 times with hot water, and had my wife smell test them for any bleach. I also added the bleach to the bucket that previously contained the PBW and soaked the bottom and threads of the conical overnight. The next morning I put my bottling bucket spigot on the conical (same size threading) and filled it up with the bleach water as well (topped off with more cold water and extra bleach), and that has been soaking for 5 days. Tonight I will give it a thorough rinse with PBW and hot water and then let it dry out.
Next week I have an extra day off after taking the youth group to the coast for a weekend retreat, and I am going to brew up a batch of beer to test the Better Bottle and Conical. After talking to Michael Tonsmeire (Mad Fermentationist), I decided to do an American Blonde Ale since this style will show any signs of infection, and will probably still taste good if it does get infected. I worked up a recipe for it and will finally get to use the
hops I have in the freezer. Typically an American Blonde only has about 0.5oz flavor and 0.5oz aroma hops, but I am brewing an 8 gallon batch as opposed to 5, and I am going to (if it stays clean) enter it in a Club Only Competition in May and still want the hops to be around for it, so I am going to use 1oz each for flavor and aroma. I am putting this against a malt back drop of Pale Malt, Carafoam, and Honey Malt so it will have a nice honey sweet flavor, body, and retain a light, smooth, dry finish. I am choosing to use the WY 1469 West Yorkshire strain that I used to brew my ESB since I really liked the stone fruit aroma, and think it would compliment this beer well. Only issue with this yeast is that it doesn't flocc out well, so it will get a little longer in the fridge before I transfer and bottle. For bottling, I am going to use a brand new bottling rig for the Better Bottle version, and will bottle straight from the conical for the other to keep them as separate as possible and to isolate any possible place that an infection may still be harbored. I am going to purposefully divert a few gallons of this brew to my gallon jugs where I will intentionally sour, wild, and oak it just because I can, and I don't want to actually bottle another 8 gallons of the same beer like I did on the ESBs, and of course, I like souring stuff (intentionally). I will of course keep the blog up to date as that brew progresses. Amarillo


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The 'No Title' Lounge editorial graces the publications #49 issue entitled 'Fit'. Neva Models newcomer Nicole fronts the portrait series and transforms into a cyborg inspired monarch.
The daring model sports futuristic beauty looks by hair and makeup artist Dorota Kumosinska along with a slew of avant-garde garments that are hand-picked by wardrobe stylist Wojciech Szymanski. From sculptural metallic details and crowning accessories to laced up leather garments, this edgy image series exudes an air of eccentric elegance.
Photographer Maciej Bernas captures the 'No Title' Lounge fashion story. The forward thinking style feature opposes tradition and embraces unconventional garments and exaggerated design details. Moreover this editorial pays homage to space inspired visuals often seen in fantastical literary works and sci-fi cinema flicks.
Futuristic Monarchy Captures
More Stats +/-
Illuminated Sci-Fi Editorials
Eclectic Pastel Fashion
Metallic Lipstick Photoshoots
Futuristic Geisha Editorials
Sci-Fi Oriental Collections
The No Title Lounge Editorial Displays Sci-Fi Inspired Styles
- By: Jana PijakMar 27, 2013
References: facebook & designscene.net
References: facebook & designscene.net


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Happy Friday....it's been raining all night and morning over here
and there is something cozy about being home while it's raining outside.
Day 7 of Getting to Know Mom Series: What is your dream job, and why?
What a great question....when i was younger, I wanted to become a Lawyer and then i grew up and really started to understand that being a Lawyer is not just about helping innocent people and wearing cute suits and heels. It was also about working within an institution that can be hard to break into and also a system that doesn't always work with you to fight for the small guy. Therefore, i thought i would marry my desire to help people and my curious nature and ability for gab to go into Social Work. Social Work would allow me to help and support people individually much quicker than within an institution like the legal/judicial world.
And although i love being a Social Worker...i don't know if that's really my dream job at this moment in my life. My dream job would honestly be a mix of being a Social Worker/Talk/Radio Show Host helping people with their problems and also speaking about current issues, fashion, celebrities and family and friends.
Of course this does not exist in the world except if you are Oprah because that would be the dream job. Her ability to help people during the Oprah Show while speaking to celebrities, current issues and events and just enjoying herself. You could tell she loved her job when she was doing it and she was good at it and it was effortless....and that's what i want. A job you would do every single day without complaint.
It's hard work but definitely worth doing!!!
I want to make an impact in my dream job on people's lives, while at the same time having fun and enjoying it. I want it to be serious sometimes but mostly fun and lighthearted while helping people to change their lives. I love the quote below because i think sometimes if your dream job doesn't exist then you have to create it. I am definitely thinking about how i can make this happen....and i am working on it everyday to create it...to make it happen.
Lesson for Day 7: Pursue your dreams including your dream job as long as it allows you to live a life that is fulfilling and makes you happy!
Source: Uploaded by user via Samuel on Pinterest


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Armed with support from a prominent former African-American official, Juvenile Court Judge Curtis Person issued his harshest attack yet on Wednesday against the Shelby County Commission for its ongoing effort to create a second court judgeship.
Speaking to the downtown Kiwanis Club at The Peabody, Person said the commission majority had voted to create another Juvenile Court judge for "political" reasons only and had caused serious "disruptions" in the work of the Court. "Employees have been assaulted, they have been demoralized, they have been discredited with misinformation," Person said.
"To have two judges at the Juvenile Court who have competing personalities and conflicting personalities will do nothing but result in chaos. Absolute chaos," Person said, going on to insist that "every major juvenile court in the state of Tennessee" had, like Shelby County at present, "one judge and multiple referees.".
Person countered the argument that Juvenile Court should have multiple judges like other local court jurisdictions by saying there were differences that made Juvenile Court "unique" - namely, several administrative responsibilities that are currently entrusted to the elected judge.
Defending his thesis about political motivations on the part of the commission, Person said, "I was elected with a 24,000-vote majority over the closest of my opponents. I was sworn in on September 1 [2006], and on September 6, the commission voted to establish a second court." He said he received no advance word of the proposal, which the commission majority (seven Democrats and Republican member Mike Carpenter) refused to defer - though minor proposals presented on the same day were deferred, Person said.
Subsequently, Person filed suit to block the creation of a second judgeship. After a temporary withdrawal of its action, the commission ultimately voted again in favor of a second court, and its action has been upheld in Chancery Court. Person appealed that ruling and has asked the state Supreme Court to intervene directly and hear the case. Ironically, the commission itself voted in a special meeting Wednesday to petition the Court for the same action.
After his remarks were concluded, Person got an immediate boost from Kiwanian Fred Davis, who was the first African-American elected to the city council back in the '70s. Noting his own involvement over the years in support activities for Juvenile Court, Davis accused "certain people" on the county commission of supporting the second judgeship for "absolutely self-serving" reasons.
"I'm going to hang with you on this," Davis assured Person. Afterward, the former councilman made a point of telling Person and several bystanders that commissioner Henri Brooks, a leader in the second-judgeship push who among other things has called for a Justice Department investigation of Juvenile Court, was "the biggest crock of crap I've ever seen."


text: hey guys, im trying to install cm 7 from rom manager. after i reboot to install my phone just goes in to recovery and doesnt do anything. usually it starts installing right away. do i have to manually install this one? kinda lost here and any help would be great thanks even when i try and install cm 6 it still does the same thing. i have the moto droid 1 by the way


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OdySea Aquarium
- Region: Chandler Arizona
- 9500 E. Via de Ventura
- Scottsdale, AZ 85256
- Phone: (480) 291-8000
- View Website
OdySea Aquarium is Arizona's largest and newest aquarium featuring more than 2,000,000 US gallons of water and over 30,000 animals for viewing. The aquarium is open 7 days a week, 365 days a year. Tickets may be purchased through the website or directly at the aquarium.


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Hydroponics is a method of growing plants using mineral nutrient solutions, in water, without soil. Terrestrial plants may be grown with their roots in the mineral nutrient solution only or in an inert medium, such as perlite, gravel, mineral wool, or coconut husk
A premium dry-fertilizer for blooming plants. Derived from the highest quality bat phostphate guano available. For indoor/ourdoor plants.


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Wednesday, October 30, 2013
Battery Life Defect On Few iPhone 5s due to manufacturing Issue :
"We recently discovered a manufacturing issue affecting a very limited number of iPhone 5S devices that could cause the battery to take longer to charge or result in reduced battery life," said Teresa Brewer, an Apple spokeswoman. "We are reaching out to customers with affected phones and will provide them with a replacement phone."
Apple did not say how many iPhones were defective, but its statement implied that it was a few thousand phones. In September, Apple said it had sold nine million new iPhones in the first weekend they went on sale.
A manufacturing issue is not the same as a defective battery, which some users thought was the problem with their phones.
Apple has faced problems with defective batteries in the past. In 2006, it issued a recall for some laptops because their batteries contained cells manufactured by Sony, which were causing some batteries to explode.
iPhone 5s is the longest-lasting iPhone to-date, lasting almost 11 hours in standard video rundown test. If you're one of the few whose iPhone 5S have been giving you less than stellar performance, do let us know in the comments below.
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I found the little man fondling my belongings covetously, and I took a stern step away from him. I asked where he would ordinarily deliver the … meal, such as it was, and he described the path we'd taken to arrive here in the kitchens. I tried not to think too hard about the earlier dinner. We excused ourselves, and Cyrus Belview enthusiastically said that he looked forward to picking over our corpses to claim our belongings. Creepy fellow.
And then we found his stash of trophies from past adventurers. Topscuttle insisted on searching for enchantments, and the rest of us picked through the lot for about ten minutes, but we found nothing of any particular interest. Then we proceeded to explore the rest of this level of the castle.
A door to the north held a shadowed room in which lurked a darkling creature that Relic identified as a shadow fiend. It ignored the gnome's lightning bolt, but magic missiles worked well enough. We managed to evade its umbral grasp, and the creature's body melted away into nothing upon death. Fascinating and macabre. A quick investigation revealed a secret door hidden in the western wall. We decided to descend the stair beyond.
A door at the bottom opened up into a chamber watched by stony gargoyles. A flaming brazier burned in the center of the room, casting angry shadows all around. It was flanked by a pair of four-armed iron statues, and above it floated an hourglass. Curiously, all of the sand remained suspended in the top half of the glass. Relic boldly entered the chamber, heading straight for the large chest resting on the far side of the brazier. Topscuttle's warning cry came to late as the door we'd entered slammed shut, and the sand in the hourglass began to fall. Curiously, words appeared upon it as well, forming some manner of riddle:
Riddle goes here.
I looked at the nearer iron statue, which the gnome assured us was an iron golem – a construct that would surely kill us all even if the room had only contained one. The lower arms held sword and shield, but the upper arms were raised high, palms up. I climbed the statue and on each of the palms, I found a small gem – one red, one blue. I could see the other golem held gems as well, and called to Bex to retrieve them, though she was already moving that way.
Having retrieved the gems, we looked for some sign of where they might need to be placed. The chest looked ordinary, the golems and gargoyles lacked eye sockets, so all that was left was the brazier. I tossed the blue gem into the flames. The sands stopped flowing and the door from which we'd entered the room opened once more. I breathed a sigh of relief, but urged the others to haste as I knew not how much time I might have purchased us.
The changeling unlocked and opened the chest, but it appeared to be empty. Topscuttle moved to examine it, and noted the bottom was an illusion. She drew forth a scroll, two potions, and a small deck of cards. We pocketed these until such a time as we could more safely examine them. Using the other gems, we learned that the two other doors to the north from this chamber opened onto other stairs leading back up. The southern door opened to a lower chamber divided by a thick curtain.
I pushed it aside to reveal a pair of thrones on a balcony overlooking a flooded torture chamber. There appeared to be bodies still strapped into some of the more exotic devices. Sickening, really. I inspected the cushioned seats and discovered a heavy sack of platinum coins. I informed the others of my find and it brightened our moods, somewhat. A flooded passage led to the east from the torture chamber, and we decided to descend and explore it further.
No sooner had our feet hit the water than a dozen bodies tore free from their restraints and set upon us. I managed to destroy one of them before Relic climbed back to the balcony and instructed the rest of us to follow. Assuming he had a plan, I complied. I'd just mantled the railing of the balcony when the warforged sent a bead of fire streaking at the walking dead, destroying all but one. The last was brought low by a ray of fire sent from Topscuttle, who was perched on one of the rotting chandeliers above. The threat eliminated, we climbed back down and proceeded to the east.
Art heard a voice crying out from somewhere ahead and took the lead. He noted a pressure plate beneath the water in the hall, and Bex confirmed that there were several others. Relic, ever curious, asked what stepping on a pressure plate would cause. At her best guess, the rogue suggested that a pit trap might open beneath whomever triggered the trap.
We found a pair of doors flanking the hall and opened the southern one, from which the voice emanated. It led down a short flight of stairs, but brought the water level up from three feet to five, so it was very slow going. We entered what appeared to be a jail, the walls lined with several small, barred cells. The last on the left was occupied by a man.
He said his name was Emil, and he claimed to be a Barovian villager. Ireena frowned, saying she didn't recognize the man, and then he admitted that he was from farther east. I asked Topscuttle to keep an eye on him, and we searched the rest of the jail, including the cells beyond the northern door. We found several more bags of coins, a mix of platinum and electrum. This is proving to be quite the lucrative endeavor. Assuming we survive.
The hall at the end of the jail hall held another winding stair upward. We ascended back to the ground floor, and took our rest in the dining hall. Then we decided to explore the rest of this level before venturing up or down any farther. We hadn't gone more than a couple of rooms over before we encountered half-a-dozen gargoyles that turned to look in our direction as we entered…