; and (B) is not a member of a cooperative association of producers that has engaged in bargaining with the other contracting party. (5) Minimum price The term minimum price means a contractually guaranteed price floor within a poultry production contract below which the final price delivered to an independent contract producer may not be reduced, including by performance-based penalties. (6) Performance-based incentive formula The term performance-based incentive formula means a formula designed to compare the real performance of live poultry being managed by an independent contract producer relative to an expected performance standard. (7) Poultry production contract The term poultry production contract means an oral or written contract established between a live poultry dealer and an independent contract producer in which the independent contract producer provides the land, farm infrastructure, or management labor of the independent contract producer to house and raise live poultry owned by the live poultry dealer. (b) General rule It shall be unlawful for any packer or swine contractor with respect to livestock, meats, meat food products, or livestock products in unmanufactured form, or for any live poultry dealer with respect to live poultry, to do any of the following: (1) Engage in or use any unfair, unjustly discriminatory, or deceptive practice or device. (2) Make or give any undue or unreasonable preference or advantage to any particular person or locality in any respect, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect. (3) Sell or otherwise transfer to or for any other packer, swine contractor, or any live poultry dealer, or buy or otherwise receive from or for any other packer, swine contractor, or any live poultry dealer, any article for the purpose or with the effect of apportioning the supply between any such persons, if such apportionment has the tendency or effect of restraining commerce or of creating a monopoly. (4) Sell or