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