(a) The department may condemn and prohibit the sale or distribution of any incorrect motor fuel metering device that is sold, offered for sale, or about to be sold in this state.
(b) A person commits an offense if the person or the person's representative or agent knowingly:
(1) offers or exposes for sale, hire, or award or sells an incorrect motor fuel metering device;
(2) possesses an incorrect motor fuel metering device; or
(3) sells, offers for sale, uses, or possesses for the purpose of sale or use a device or instrument to be used to falsify or intended to falsify a measure for motor fuel.