Section § 7600

Explanation

This part of the Business and Professions Code is all about laws related to cemeteries and funerals. It's officially called the Cemetery and Funeral Act.

This chapter of the Business and Professions Code constitutes the chapter on cemetery and funeral law. It may be cited as the Cemetery and Funeral Act.

Section § 7601

Explanation

This section defines some important terms used in this chapter. "Department" refers to the Department of Consumer Affairs, "Director" means the Director of Consumer Affairs, and "Bureau" is short for the Cemetery and Funeral Bureau.

The following terms as used in this chapter shall have meanings expressed in this section:
(a)CA Business & Professions Code § 7601(a) “Department” means the Department of Consumer Affairs.
(b)CA Business & Professions Code § 7601(b) “Director” means the Director of Consumer Affairs.
(c)CA Business & Professions Code § 7601(c) “Bureau” means the Cemetery and Funeral Bureau.

Section § 7601.1

Explanation
The main focus of the Cemetery and Funeral Bureau is to protect the public. If there are any conflicts between protecting the public and other goals, public safety should always come first.
Protection of the public shall be the highest priority for the Cemetery and Funeral Bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Section § 7602

Explanation

This law establishes the Cemetery and Funeral Bureau within a department under a director's control. The director can appoint a chief, who leads the bureau and reports to the director. The chief's job is to enforce and manage the chapter's rules, but the director's powers can also be exercised by a deputy director or the chief if the director allows it. Additionally, the law mandates that the bureau's powers and duties will be reviewed by legislative committees, with an implied deadline for this review as if the chapter would end on January 1, 2029.

(a)Copy CA Business & Professions Code § 7602(a)
(1)Copy CA Business & Professions Code § 7602(a)(1) There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director.
(2)CA Business & Professions Code § 7602(a)(2) The director may appoint a chief at a salary to be fixed and determined by the director, with the approval of the Director of Finance. The duty of enforcing and administering this chapter is vested in the chief, and the chief is responsible to the director. The chief shall serve at the pleasure of the director.
(3)CA Business & Professions Code § 7602(a)(3) Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations the director may prescribe.
(b)CA Business & Professions Code § 7602(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter is scheduled to be repealed on January 1, 2029.

Section § 7606

Explanation

This law gives the bureau the authority to create, change, or cancel rules and regulations necessary to enforce and manage this act. It also allows the bureau to decide how the required statements and reports should be formatted. When making these rules, the bureau must follow a specific process outlined in another law called the Administrative Procedure Act.

The bureau may establish necessary rules and regulations for the administration and enforcement of this act and the laws subject to its jurisdiction and prescribe the form of statements and reports provided for in this act. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

Section § 7607

Explanation

This law gives the bureau the authority to inspect funeral establishments, cemeteries, crematories, and places where embalming is done or human remains are stored. However, this authority is only valid until January 1, 2027, after which the law will be repealed.

(a)CA Business & Professions Code § 7607(a) The bureau may inspect the premises in which the business of a funeral establishment, cemetery, or crematory is conducted, where embalming is practiced, or where human remains are stored.
(b)CA Business & Professions Code § 7607(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 7607

Explanation

This law allows the bureau to inspect places where funeral, reduction, cemetery, or crematory services are provided, and where bodies are kept or embalmed. The law will take effect on January 1, 2027.

(a)CA Business & Professions Code § 7607(a) The bureau may inspect the premises in which the business of a funeral establishment, reduction facility, cemetery, or crematory is conducted, where embalming is practiced, or where human remains are stored.
(b)CA Business & Professions Code § 7607(b) This section shall become operative on January 1, 2027.

Section § 7608

Explanation

This law allows the Director of Consumer Affairs in California to hire employees needed for the bureau's work, following civil service rules. They can also hire investigators and lawyers to help enforce laws related to cemeteries and funerals, but only with financial oversight and using a specific cemetery and funeral fund for expenses. These rules became effective on July 1, 2016.

(a)CA Business & Professions Code § 7608(a) The Director of Consumer Affairs may employ and appoint all employees necessary to properly administer the work of the bureau, in accordance with civil service regulations.
With the approval of the Director of Finance, and, subject to the provisions of Section 159.5, the bureau shall employ investigators and attorneys to assist the bureau in prosecuting violations of this chapter, whose compensation and expenses shall be payable only out of the Cemetery and Funeral Fund.
(b)CA Business & Professions Code § 7608(b) This section shall become operative on July 1, 2016.

Section § 7609

Explanation

This section explains that the rules in this chapter don’t affect certain groups. It doesn’t change the duties of officers at public institutions or medical colleges, doesn’t apply to licensed hospitals, and doesn’t cover those involved in providing burial containers.

This chapter does not apply to, or in any way interfere with, the duties of any officer of any public institution or of any duly accredited medical college, nor does it apply to any hospital licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, or anyone engaged only in the furnishing of burial receptacles.

Section § 7610

Explanation

If you are suing the bureau in California, you must file your case in either Sacramento County, the county where you live, or the county where the event causing the lawsuit happened.

All suits or actions commenced in the superior court against the bureau shall be filed and tried either in the County of Sacramento, or in the county of the residence of the plaintiff or petitioner, or in the county where the act occurred, which is the basis of the suit or action.

Section § 7610.1

Explanation

This law section states that the bureau responsible for enforcing this act has the same powers and responsibilities as a department head in the government. This includes anything specified in Chapter 2 of the Government Code, starting at Section 11150.

In the enforcement of this act and the laws subject to its jurisdiction, the bureau has all the powers and is subject to all the responsibilities vested in and imposed upon the head of a department under Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.