(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer:
- (1) that is required to be registered but is not registered in accordance with Subchapter C of this chapter;
- (2) that is not labeled in accordance with Subchapter D of this chapter; or
- (3) for which an inspection fee has not been paid in accordance with Subchapter E of this chapter.
- (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.
Added by Acts 1983, 68th Leg., p. 1856, art. 1, ch. 349, Sec. 10, eff. Sept. 1, 1983.