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2020 Op. Ind. Att'y Gen. 1 (2020)

handle is hein.sag/sagin0139 and id is 1 raw text is: OFFICE of THE. VT(riNm GENE111 i. I NIIVPOIIS, IVIIA 4 6204' CURTIS T. HILL, JR. A TORNELY GENERAXL January 7, 2020 OFFICIAL OPINION 2020-1 Mr. Mark Straw, Executive Administrator Indiana State Egg Board Purdue University, Creighton Hall of Animal Sciences 270 S. Russell Street West Lafayette, Indiana 47907-2041 RE: Regulation of Online Merchant Service Provider Dear Mr. Straw: Pursuant to Ind. Code § 4-6-2-5, the Indiana State Egg Board (hereafter, the Board) requested the opinion of the Office of Attorney General (OAG) as to whether an entity engaged in the facilitation of the sale of eggs through online means is subject to regulation by the Board as a retailer under applicable State law, specifically Ind. Code § 16-42-11 et seq. and Title 370 of the Indiana Administrative Code. QUESTION PRESENTED Does the Board have the authority to regulate an online merchant service provider that facilitates the sale of eggs? BRIEF ANSWER No. The merchant service provider (hereafter, Provider) does not acquire or transfer title to eggs and, therefore, does not meet the definition of a retailer under Ind. Code § 16-42-11- 1.1(6) and 370 IAC 1-12-1(4). The Board's statutory and regulatory provisions were not designed to address e-commerce' situations such as the one presented here. 1 E-commerce refers to the practice of buying and selling goods and services through online consumer services and of conducting other business activities using an electronic device and the Internet. Black's Law Dictionary at 625 (10' ed. 2014). Page 1 of 10 STNiTE OF INDL1AE