Can a beef producer test all its cows for Madcow if it wants to?

We are talking about a meat producer in capitalistic and free market economy? The answer is "NO". This is happening in America and the Feds are fighting to keep the producer from doing it. What the fuck?

News link here

Excerpts:
A beef producer in Kansas, Creekstone Farms Premium Beef, wants to test all of its cows. Larger meat companies feared that move because, if Creekstone should test its meat and advertised it as safe, they might have to perform the expensive tests on their larger herds as well. A federal judge ruled in March that such tests must be allowed. The ruling was scheduled to take effect June 1, but the Agriculture Department said Tuesday it would appeal, effectively delaying the testing until the court challenge has played out. The Agriculture Department argued that widespread testing could lead to a false positive that would harm the U.S. meat industry. U.S. District Judge James Robertson noted that Creekstone sought to use the same test the government relies on and said the government lacked the authority to restrict it.