Sec. 63.142.  DISTRIBUTION OF MISBRANDED FERTILIZER.  (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.
Acts 1981, 67th Leg., p. 1149, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, eff. Sept. 1, 1983.