Ohio's Fourth District Court of Appeals  was urged to uphold an earlier ruling against the Ohio Department of Agriculture (ODA) allowing two farmers to use raw milk in their petfood products, according to a news  report.  

That ruling, issued by Washington County Judge Ed Lane November 2008, found ODA officials engaged in violating the constitutional rights of Linda Fagan and Donna Betts, Washington County farmers, to stop them from legally using raw goat and cow milk as a listed ingredient in their petfood products.

Judge Lane had ordered the ODA to pay up to US$20,000 in attorney fees and court costs and left Fagan and Betts free to resume production of their petfood products.

ODA had appealed the ruling. After mediation efforts failed between ODA and Fagan and Betts, the case was referred to Ohio's Fourth District Court of Appeals.