; (ii) predelivery health issues; (iii) flock breed; (iv) flock pick-up age; (v) feed type; (vi) feed disruption of 6 hours or more; and (vii) medical care protocols (such as an antibiotic-free protocol). (E) The poultry production contract shall include a procedure for settling payment outside of the performance-based payment formula, through a performance average of at least the last 5 flocks of the independent contract producer, in the case of the independent contract producer bringing an appeal related to input quality or provision issues. (e) Harm to competition not required In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (b), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required. . (b) Effective date (1) In general Subject to paragraph (2), paragraph (8) of section 202(b) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ) (as designated by subsection (a)), shall take effect on the date of enactment of this Act. (2) Transition rules In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(b) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 ) (as designated by subsection (a)), that paragraph shall take effect— (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act