(a) A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial feed:
(1) that is of a composition, quantity, or quality that is below or is different from that which it is represented to possess by its label;
(2) that is moldy, sour, heated, or otherwise damaged, because of which it is injurious to animals;
(3) from which an ingredient has been omitted or extracted in whole or in part;
(4) that is inferior or is damaged and the inferiority or damage has been concealed;
(5) to which a substance has been added or with which a substance has been mixed or packed so as to deceptively increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is;
(6) that contains or bears a poisonous or deleterious substance that may render it injurious to animals under ordinary conditions of use;
(7) that contains a low-grade feeding material or filler but is not labeled in accordance with Section 141.054 of this code;
(8) that consists in whole or in part of a diseased, filthy, putrid, or decomposed substance, unless the substance has been rendered harmless by sterilization or other effective process;
(9) that is otherwise unfit for feeding to animals; or
(10) that has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect under 21 U.S.C. § 348.
(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.