[throwaway_isms]

The rational middle ground would be to allow the private testing, but regulate any advertising or marketing of the testing and/or results on the basis it would likely confuse the consumers. If the interest in private testing magically disappears, then the intent is clear and might be a valuable factor for the consumers who might reasonably conclude the private company only had interest in performing testing they knew or should have known was immaterial for the purposes of marketing the testing to consumers as though it were material.

[mannerheim]

It's unclear whether or not that's actually prohibited. It looks like Creekstone was the only beef processor who desired to test for BSE, and this was based on them wanting to export their beef to Japan. The rejection was made on this basis.