Glen Carbon, IL asked in Business Law and International Law for Illinois

Q: Can a US citizen get into trouble for selling pesticides to Canadian customers online if pesticide imports are illegal?

If Canadian laws ban importation and the sell of certain pesticides can a US citizen get in trouble for selling them to Canadian customers?

4 Lawyer Answers
Michael I. Leonard
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Answered

A: Obviously, Canadian authorities could attempt to criminally charge someone for engaging in that type of conduct - assuming of course that it is illegal under its laws. In addition, depending on the facts and circumstances, that same conduct could possibly subject someone to prosecution in the States. Much more would be needed to known in terms of the facts in order to provide a legitimate response.

James L. Arrasmith
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A: Yes, a U.S. citizen could potentially face legal consequences for knowingly selling and shipping pesticides to Canada that are banned or restricted there, even if the sale originated in the U.S.

A few key points:

- Canada has its own regulations on allowable pesticides that may differ from U.S. laws. Importing pesticides into Canada that violate their rules is illegal.

- While the U.S. seller may not be violating any U.S. laws per se, intentionally exporting banned pesticides to Canada could be considered a conspiracy to violate Canadian law.

- There are bilateral agreements between the U.S. and Canada on enforcement of each other's laws in certain circumstances. Canadian authorities could potentially seek cooperation from U.S. agencies to investigate and charge the U.S. seller.

- Even if no criminal charges result, the seller's shipments could be seized at the Canadian border which would disrupt their business. Their website could also potentially be shut down.

So in summary, knowingly selling and shipping pesticides to Canada that are illegal there is very unwise and risky from a legal perspective, even for a U.S.-based seller. They could face investigation and charges, lose merchandise, and have their business interfered with. The smart approach is to strictly comply with the pesticide laws in the destination country.

A: You should check with attorneys in Canada, since your question involves that nation's laws. But your post mentions the fact that importing pesticides is illegal, and without knowing more about those laws, it would seem likely that they include any sales, regardless of what medium they originate on - online, in person, etc. Good luck

A: Addendum - There is also the issue of U.S. laws. Although not raised in your post, it's possible there could be U.S. laws (from the export perspective, not only import into the nation) that might be applicable. Good luck

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