"Creekstone is challenging USDA’s claim that it has the legal authority to control access to and the use of the “test kits” needed to perform BSE testing. Over the past two years, USDA has repeatedly denied Creekstone’s requests to conduct voluntary BSE testing. Creekstone Farms has publicly stated that it believes U.S. beef is safe. Nevertheless, Creekstone’s customers, as well as other beef consumers around the world, want beef from BSE tested cattle. For example, a December 2005 poll by the Kyodo News Service found that more than half of Japanese consumers want U.S. beef to be tested for BSE. Creekstone simply wants to satisfy its customers."