(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial feed that:
(1) carries a false or misleading statement on, attached to, or accompanying the container;
(2) is not labeled in accordance with Subchapter C of this chapter;
(3) has a label that is false in any particular;
(4) has a container that is made, formed, or filled in a manner that is misleading;
(5) purports to be or is represented as a commercial feed for which a definition of identity and a minimum standard have been prescribed by rule, but does not conform to the definition and standard; or
(6) makes a false or misleading statement concerning its agricultural value on the container or in any advertising matter accompanying or associated with it.
(b) An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.