(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.