As succinct as it gets, from a reader:
USDA’s position on 100% testing by Creekstone Farms is probably justifiable on “False Advertising” grounds. They wish to advertise 100% testing and thereby imply a guarantee of 100% BSE free product. The current technology doesn’t make that possible. BSE is such a slow developing affliction and most animals are slaughtered too young for the test to offer any absolute guarantee. Older animals, i.e., dairy cows or breeding stock have a much better statistical chance of having the disease at a detectable stage when they enter the slaughter house. But that is not Creekstone’s market.
I doubt that USDA would object to Creekstone doing 100% testing, but not telling customers. Creekstone wishes to make (imply) a health claim about their product that current technology won’t support. That’s a fairly standard area of governmental interference.