JEFFERSON CITY -- A Cole County judge has upheld the ballot title for a dog breeding measure on the Nov. 2 ballot.

In a judgment issued this afternoon, Cole County Circuit Judge Jon Beetem said the ballot summary prepared by Secretary of State Robin Carnahan was "neither insufficient nor unfair."

Beetem used the same words to sign off on Auditor Susan Montee's cost estimate, which voters also will see.

The ruling was a victory for the Humane Society of Missouri, which circulated initiative petitions to get the proposal on the ballot.

Known as Proposition B, it would require anyone who has more than 10 breeding dogs to meet certain standards for housing, food and veterinary care. Owners would be limited to no more than 50 breeding dogs.

Karen Strange, a lobbyist for an animal owners group, filed the suit contesting the ballot wording. In a trial earlier this week, her attorney, Chuck Hatfield, argued that the title was biased.

He especially objected to voters being asked to create a misdemeanor crime of "puppy mill cruelty" for any violations of the proposed act.

Carnahan's office defended that wording, saying that by putting it in quotation marks, the office showed that it came straight from the petition.

Strange also argued that the measure's cost would be higher than Montee projected. The auditor said it would cost the state $654,768, mainly to hire more animal health inspectors.

Strange said that figure failed to take into account declining fees paid to the state as a result of dog breeders going out of business. She estimated about half the 1,477 licensed breeders in the state would fold if the new rules became law.

Reached late today, Hatfield said it was "highly unlikely" that the animal owners group would appeal the decision.

"We presented the best arguments we could and the judge didn't agree," he said. "And that's how the system works."