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.
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