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With few tests done, how will USDA know BSE levels?

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A ruling by a federal judge last week would seem to bring some needed discussion back to the matter of testing for bovine spongiform encephalapathy, aka mad cow disease.

The judge sided with a Kansas meatpacker that wanted to test its livestock for BSE. The U.S. Department of Agriculture had resisted, wishing to reserve exclusivity on testing.

USDA officials fear that false positive tests done privately might create panic and harm the cattle industry.

However, that concern also points out the real X factor in BSE testing and impact: psychology. The USDA — which argues that it alone should manage BSE testing - tests only less than 1 percent of slaughtered cows.

USDA Secretary Mike Johanns said the level of testing should reflect the level of the disease in this country. Perhaps that makes sense to cattle producers, but it can be a bit confusing to cattle consumers: If the USDA doesn’t test, how does it know with certainty that there is a “very, very low level,” as Johanns put it, of BSE in the U.S. beef supply?

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