 By creating criteria that effectively deems any innovation or differentiation in the marketplace improper, USDA is sending a clear message that cattle producers should not derive any free market benefit but be paid one low price regardless of quality in the name of so-called fairness, he says. National Chicken Council Interim President Gary Kushner says the latest lawmaking retreads a failed proposal from more than a decade ago, which was written by a plaintiff's lawyer who made money suing the poultry companies.