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.
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