(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer:
(1) that is required to be registered but is not registered in accordance with Subchapter C of this chapter;
(2) that is not labeled in accordance with Subchapter D of this chapter; or
(3) for which an inspection fee has not been paid in accordance with Subchapter E of this chapter.
(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.