This is an action brought by Creekstone Farms Premium Beef, L.L.C., a supplier of beef, against the United States Department of Agriculture (USDA), alleging that the Virus-Serum-Toxin Act (VSTA) does not give the USDA authority to deny Creekstone's request to procure kits to test its cows for bovine spongiform encephalopathy (BSE), also known as "mad cow disease."

The Court held that, under the VSTA, the USDA did have authority to "regulate the use of biological products for use in treatment of domestic animals" and therefore had the authority to restrict the sale and distribution of BSE testing kits without exceeding its powers.

Keywords: contagious and infectious diseases, administrative law and procedure, Agricultural Bioterrorism Protection Act of 2002, Public Health Security and Bioterrorism Preparedness and Response Act of 2002.