Can I use third-party advertising tools on my website in Ohio? What are the requirements?

Based on the additional context documents, there are specific rules and regulations regarding advertising in Ohio, including requirements for advertising devices outside urban areas, advertising devices located on scenic byways, and advertising devices along state primary highways.

Third-Party Advertising Tools

Third-party advertising tools can be used on a website in Ohio, but there are certain requirements that must be met.

According to OHAC Rule 3796:5-7-01, a cultivator, processor, or testing laboratory shall not allow for direct engagement between consumers or user-generated content or reviews. Therefore, any third-party advertising tools used on a website must not allow for direct engagement between consumers or user-generated content or reviews.

Additionally, OHAC Rule 3796:5-7-01 states that a cultivator, processor, or testing laboratory that establishes any type of web presence shall not target a consumer group with a high likelihood of reaching individuals under the age of eighteen. Therefore, any third-party advertising tools used on a website must not target a consumer group with a high likelihood of reaching individuals under the age of eighteen.

Requirements

In addition to the above requirements, there are other requirements that must be met when advertising in Ohio.

OHRC Section 5516.03 states that the director of transportation shall adopt, amend, and enforce rules, consistent with the customary use of outdoor advertising, the safety of the traveling public, and national policy as are necessary to carry out the provisions of this chapter. Such rules may include, but shall not be limited to, sizing, lighting, spacing, and such other conditions as may be necessary to promote the safety of the traveling public and effect the national policy.

OHAC Rule 5501:2-2-03 states that on-premise advertising devices are not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code. However, if an on-premise advertising device fails to conform to certain rules, it will be considered an off-premise advertising device subject to the statutes and rules governing such advertising devices.

OHAC Rule 5501:2-2-10 states that an advertising device located on the premises of a professional sports facility is not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code and will be considered to be an on-premises advertising device. However, if an advertising device located on the premises of a professional sports facility fails to conform to certain rules, it will be considered an off-premise advertising device subject to the statutes and rules governing such advertising devices.

OHRC Section 5516.061 states that no advertising device shall be erected outside of urban areas further than six hundred sixty feet from the right-of-way of the main traveled way of a highway on the interstate or primary system if such device would be visible from such main traveled way, except signs lawfully in existence on October 22, 1965, that the director of transportation, subject to the approval of the secretary of the United States department of transportation, has determined to be landmark signs, including signs on farm structures or natural surfaces that are of historic or artistic significance.

OHAC Rule 5501:2-2-09 states that advertising devices with sign faces erected on a portion of the interstate highway system, the national highway system, or the primary highway system designated as a scenic byway without a valid permit will be subject to removal pursuant to section 5516.04 of the Revised Code.

OHRC Section 5516.06 states that no advertising device shall be erected or maintained within six hundred sixty feet of the edge of the right-of-way of a highway on the primary system except for advertising devices located in zoned or unzoned industrial or commercial areas adjacent to highways on the primary system that conform to rules adopted by the director of transportation, signs lawfully in existence on October 22, 1965, that the director, subject to the approval of the secretary of the United States department of transportation, has determined to be landmark signs, including signs on farm structures or natural surfaces, which are of historic or artistic significance, and advertising devices that are located on the premises of a professional sports facility and that conform to rules adopted by the director.

Therefore, when using third-party advertising tools on a website in Ohio, it is important to ensure that all rules and regulations are followed to avoid any legal issues.

Jurisdiction

Ohio

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