Sec. 63.143.  DISTRIBUTION OF ADULTERATED FERTILIZER.  (a)  A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute a commercial fertilizer that:
(1)  has been damaged in a manner that reduces its value;
(2)  has damage or an inferiority that has been concealed;
(3)  has added to it a substance that increases its bulk or weight, reduces its quality or strength, or makes it appear better or of greater value than it is;
(4)  has had an ingredient omitted or extracted, in whole or in part;  or
(5)  contains or bears a poisonous or deleterious substance that may render it injurious to plants under ordinary conditions of use.
(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.
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.