Section § 7000

Explanation

This section explains that any definitions found within this chapter are also relevant and applicable to several other specified divisions and chapters of the Health and Safety Code and the Business and Professions Code.

The definitions in this chapter apply to this division, Division 8 (commencing with Section 8100) and Division 102 (commencing with Section 102100) of this code and Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code.

Section § 7001

Explanation

This law defines "human remains" to include the body of a deceased person, whether in a normal state or decomposed, as well as remains that have been cremated, reduced, or processed through hydrolysis.

“Human remains” or “remains” means the body of a deceased person, regardless of its stage of decomposition, and includes cremated, reduced, or hydrolyzed human remains.

Section § 7002

Explanation

This law defines 'cremated remains' as the ashes and bone fragments left after a human body is cremated, including ashes from the container used for cremation. It specifically excludes foreign materials, pacemakers, or prostheses from this definition.

“Cremated remains” means the ashes and bone fragments of a human body that are left after cremation in a crematory, and includes ashes from the cremation container. “Cremation remains” does not include foreign materials, pacemakers, or prostheses.

Section § 7002.5

Explanation

This law defines 'hydrolyzed human remains' as the bone fragments left after a human body goes through a process called hydrolysis in a special facility. These remains do not include any foreign objects like pacemakers or prosthetic devices. The law took effect on July 1, 2020.

(a)CA Health & Safety Code § 7002.5(a) “Hydrolyzed human remains” means bone fragments of a human body that are left after hydrolysis in a hydrolysis facility. “Hydrolyzed human remains” does not include foreign materials, pacemakers, or prostheses.
(b)CA Health & Safety Code § 7002.5(b) This section shall become operative on July 1, 2020.

Section § 7002.7

Explanation

This section defines terms related to the natural, organic reduction of human bodies into soil. A 'reduction facility' is a place where this process occurs. 'Reduced human remains' are the remains turned into soil, excluding items like prosthetics. 'Reduction' involves mixing a deceased body with natural materials to decompose it into soil, using large tanks or containers. A 'reduction chamber' is an enclosed space where bodies are reduced and must meet health and safety standards. Lastly, a 'reduced human remains container' is where the soil-like remains are placed after the process.

(a)CA Health & Safety Code § 7002.7(a) “Reduction facility” means a structure, room, or other space in a building or real property where natural, organic reduction of a human body occurs.
(b)CA Health & Safety Code § 7002.7(b) “Reduced human remains” means the remains of a human body that have been reduced to soil through a process of reduction. “Reduced human remains” does not include foreign materials, pacemakers, or prostheses.
(c)CA Health & Safety Code § 7002.7(c) “Reduction” means the process of transforming a human body into soil using the natural decomposition process, accelerated with the addition of organic materials through the following steps:
(1)CA Health & Safety Code § 7002.7(c)(1) The body of a deceased person is mixed together with natural materials and air and is periodically turned, eventually resulting in the body’s reduction to a soil material.
(2)CA Health & Safety Code § 7002.7(c)(2) Large tanks, containers, or similar vessels hold human remains together with straw, wood chips, or other natural materials until the process is complete.
(3)CA Health & Safety Code § 7002.7(c)(3) The processing of the remains after removal from the reduction chamber pursuant to Section 7010.3.
(d)CA Health & Safety Code § 7002.7(d) “Reduction chamber” means the enclosed space within which individual human remains are reduced and any other attached, nonenclosed, mechanical components that are necessary for the safe and proper functioning of the equipment. A reduction chamber shall meet or exceed the requirements set by the State Department of Public Health and the federal Centers for Disease Control and Prevention for destruction of human pathogens, including complying with Section 7714.3.
(e)CA Health & Safety Code § 7002.7(e) “Reduced human remains container” means a receptacle into which human remains are placed after reduction.

Section § 7003

Explanation

A "cemetery" can either be a place specifically dedicated for cemetery purposes, which includes burial parks for ground burials, mausoleums for above-ground burials, and crematories for cremated remains or hydrolyzed human remains. Alternatively, a cemetery can be any place where six or more human bodies are buried.

This law became effective on July 1, 2020.

(a)CA Health & Safety Code § 7003(a) “Cemetery” means either of the following:
(1)CA Health & Safety Code § 7003(a)(1) Any of the following that is used or intended to be used and dedicated for cemetery purposes:
(A)CA Health & Safety Code § 7003(a)(1)(A) A burial park, for earth interments.
(B)CA Health & Safety Code § 7003(a)(1)(B) A mausoleum, for crypt or vault interments.
(C)CA Health & Safety Code § 7003(a)(1)(C) A crematory and columbarium, for interment of cremated remains or hydrolyzed human remains.
(2)CA Health & Safety Code § 7003(a)(2) A place where six or more human bodies are buried.
(b)CA Health & Safety Code § 7003(b) This section shall become operative on July 1, 2020.

Section § 7004

Explanation

The term “burial park” refers to a piece of land specifically meant for burying human remains. It's designated and set aside for cemetery use.

“Burial park” means a tract of land for the burial of human remains in the ground, used or intended to be used, and dedicated, for cemetery purposes.

Section § 7005

Explanation

This section defines a 'mausoleum' as a structure or building designed for burying human remains in crypts or vaults, and is exclusively used or meant to be used for cemetery purposes, with the exception of a specific part of another division.

Except in Part 5 (commencing with Section 9501) of Division 8, “mausoleum” means a structure or building for the entombment of human remains in crypts or vaults in a place used, or intended to be used, and dedicated, for cemetery purposes.

Section § 7006

Explanation

A 'crematory' is defined as a place that has furnaces specifically designed for burning bodies of deceased people to ashes, known as cremated remains.

“Crematory” means a building or structure containing one or more furnaces for the reduction of bodies of deceased persons to cremated remains.

Section § 7006.1

Explanation

This law defines a 'hydrolysis facility' as a place with equipment to reduce deceased bodies using alkaline hydrolysis. The law became active on July 1, 2020.

(a)CA Health & Safety Code § 7006.1(a) “Hydrolysis facility” means a building or structure containing one or more chambers for the reduction of bodies of deceased persons by alkaline hydrolysis.
(b)CA Health & Safety Code § 7006.1(b) This section shall become operative on July 1, 2020.

Section § 7006.3

Explanation

This law section defines a 'cremation chamber' as the enclosed space where the process of cremating human remains takes place.

“Cremation chamber” means the enclosed space within which the cremation of human remains is performed.

Section § 7006.4

Explanation

This law defines a 'hydrolysis chamber' as a specific type of equipment used for breaking down human remains. These chambers need to comply with safety standards set by the State Department of Public Health and the CDC to ensure they can safely destroy harmful pathogens. This requirement became effective starting July 1, 2020.

(a)CA Health & Safety Code § 7006.4(a) “Hydrolysis chamber” means the enclosed space within which the hydrolysis of human remains is performed and any other attached, nonenclosed, mechanical components that are necessary for the safe and proper functioning of the equipment. Allowable hydrolysis chambers for the disposition of human remains shall meet or exceed State Department of Public Health and federal Centers for Disease Control and Prevention requirements applicable for destruction of human pathogens, specified in the hydrolysis chamber approval issued pursuant to Section 7639.08 of the Business and Professions Code.
(b)CA Health & Safety Code § 7006.4(b) This section shall become operative on July 1, 2020.

Section § 7006.5

Explanation

A 'cremation container' is a type of closed box that can catch fire and doesn't leak fluids. It's used to hold a deceased person's body before it's placed into the cremation chamber for cremation.

“Cremation container” means a combustible, closed container resistant to leakage of bodily fluids into which the body of a deceased person is placed prior to insertion in a cremation chamber for cremation.

Section § 7006.6

Explanation

This law defines a 'hydrolysis container' as a type of body wrap used in the process of hydrolysis for deceased individuals. The container must be made entirely of protein-based materials like silk or wool. The law was put into effect on July 1, 2020.

(a)CA Health & Safety Code § 7006.6(a) “Hydrolysis container” means a hydrolyzable body wrapping into which the body of a deceased person is placed prior to insertion into a hydrolysis chamber. The wrapping must consist of 100-percent protein-based material, such as silk, suede, leather, feather, fur, or wool.
(b)CA Health & Safety Code § 7006.6(b) This section shall become operative on July 1, 2020.

Section § 7006.7

Explanation

This law section defines a 'cremated remains container' as the vessel used to hold a person's ashes after they have been cremated.

“Cremated remains container” means a receptacle in which cremated remains are placed after cremation.

Section § 7006.8

Explanation

This law defines what a 'hydrolyzed human remains container' is, specifically describing it as a container used to hold human remains after a process called hydrolysis. This section took effect on July 1, 2020.

(a)CA Health & Safety Code § 7006.8(a) “Hydrolyzed human remains container” means a receptacle in which hydrolyzed human remains are placed after hydrolysis.
(b)CA Health & Safety Code § 7006.8(b) This section shall become operative on July 1, 2020.

Section § 7007

Explanation

This law defines a 'columbarium' as a space within a building or structure specifically designed to hold niches for storing cremated human remains. These spaces are designated for use as cemeteries, except for the area covered in a different part of the legal code.

Except in Part 5 (commencing with Section 9501) of Division 8, “columbarium” means a structure, room, or other space in a building or structure containing niches for inurnment of cremated human remains in a place used, or intended to be used, and dedicated, for cemetery purposes.

Section § 7008

Explanation

This law section defines a 'crematory and columbarium' as a single building or structure that houses both a crematory, where bodies are cremated, and a columbarium, where urns containing ashes are stored.

“Crematory and columbarium” means a building or structure containing both a crematory and columbarium.

Section § 7009

Explanation

'Interment' refers to the process of placing human remains into a final resting place. This can be done through burial or entombment in a cemetery for bodies, or by placing cremated ashes in a cemetery or burying them at sea, as outlined in other regulations.

“Interment” means the disposition of human remains by entombment or burial in a cemetery or, in the case of cremated remains, by inurnment, placement or burial in a cemetery, or burial at sea as provided in Section 7117.

Section § 7010

Explanation

This law defines 'cremation' as a three-step process. First, it involves reducing the body to its basic elements through burning. Second, during this burning, the body or remains may need to be moved to help with the process. Lastly, the remains are processed once they're taken out of the cremation chamber.

“Cremation” means the process by which the following three steps are taken:
(a)CA Health & Safety Code § 7010(a)  The reduction of the body of a deceased human to its essential elements by incineration.
(b)CA Health & Safety Code § 7010(b)  The repositioning or moving of the body or remains during incineration to facilitate the process.
(c)CA Health & Safety Code § 7010(c)  The processing of the remains after removal from the cremation chamber pursuant to Section 7010.3.

Section § 7010.1

Explanation

This section defines "hydrolysis" as a two-step process for breaking down a deceased person's body. First, the body is reduced to organic parts and bone fragments through alkaline hydrolysis, using heat, water, and chemicals like potassium or sodium hydroxide in a chamber. Second, the remains are processed further as detailed in another law. This took effect on July 1, 2020.

(a)CA Health & Safety Code § 7010.1(a) “Hydrolysis” means the process by which the following two steps are taken:
(1)CA Health & Safety Code § 7010.1(a)(1) The reduction of the body of a deceased person to its essential organic components and bone fragments by alkaline hydrolysis. “Alkaline hydrolysis” is a process using heat or heat and applied pressure, water, and potassium hydroxide or sodium hydroxide in a hydrolysis chamber.
(2)CA Health & Safety Code § 7010.1(a)(2) The processing of the remains after removal from the hydrolysis chamber pursuant to Section 7010.3.
(b)CA Health & Safety Code § 7010.1(b) This section shall become operative on July 1, 2020.

Section § 7010.3

Explanation

This law defines "processing" in the context of handling cremated or hydrolyzed human remains. In essence, it involves removing any foreign objects and then reducing the remains into a finer form by grinding or crushing so they're suitable for their intended use, like scattering or burial. For remains that will be integrated into the soil, processing also includes making the remains ready for this purpose.

(a)CA Health & Safety Code § 7010.3(a) “Processing” means the removal of foreign objects, pursuant to Section 7051, and the reduction of the particle size of cremated remains or hydrolyzed human remains by mechanical means, including, but not limited to, grinding, crushing, and pulverizing to a consistency appropriate for disposition.
(b)CA Health & Safety Code § 7010.3(b) For purposes of reduced human remains, “processing” means the removal of foreign objects, pursuant to Section 7051, and any necessary preparation for the reduced human remains to be integrated into the soil.

Section § 7010.5

Explanation

This law defines the term "residue" related to cremation. Specifically, "residue" includes any remaining human ashes, bone fragments, prostheses, and small bits of material from the cremation chamber itself that are lodged in cracks and cannot be removed by normal cleaning or sweeping. However, any material in the chamber that can be easily cleaned out is not considered "residue."

“Residue” means human ashes, bone fragments, prostheses, and disintegrated material from the chamber itself, imbedded in cracks and uneven spaces of a cremation chamber, that cannot be removed through reasonable manual contact with sweeping or scraping equipment. Material left in the cremation chamber, after the completion of a cremation, that can be reasonably removed shall not be considered “residue.”

Section § 7010.7

Explanation

This law defines 'scattering' as the legal spreading of cremated or treated human remains in designated places. It clarifies that this can be done at sea, elsewhere in the state, or within a specific area of a cemetery, as long as it's in line with the regulations. The law came into effect on July 1, 2020.

(a)CA Health & Safety Code § 7010.7(a) “Scattering” means the authorized dispersal of cremated remains or hydrolyzed human remains at sea, in other areas of the state, or commingling in a defined area within a dedicated cemetery, in accordance with this part.
(b)CA Health & Safety Code § 7010.7(b) This section shall become operative on July 1, 2020.

Section § 7010.8

Explanation

This section explains that 'integrate into the soil' refers to mixing human remains, which have been transformed into a usable form, with soil in specific authorized locations like cemeteries or conservation areas. This process requires permission from the property owner or relevant authority. The purpose of adding these remains is to improve the soil's qualities, making it a 'soil amendment' that enhances things like water retention and aeration.

(a)CA Health & Safety Code § 7010.8(a) “Integrate into the soil” means the authorized addition and mixing of reduced human remains with existing soil in a defined area within a dedicated cemetery, conservation area, property where the person who has control over the disposition of the reduced human remains has obtained written permission of the property owner or governing agency, or other area in the state where integration is permitted pursuant to this division or Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code. The reduced human remains are intended to act as a soil amendment.
(b)CA Health & Safety Code § 7010.8(b) “Soil amendment” means any material added to a soil to improve its physical properties, including, but not limited to, water retention, permeability, water infiltration, drainage, aeration, or structure.

Section § 7011

Explanation

This law section defines 'inurnment' as the process of placing cremated or hydrolyzed human remains into a suitable container for burial or shipment. It also includes placing reduced human remains into a similar container for the same purposes.

(a)CA Health & Safety Code § 7011(a) “Inurnment” means placing cremated remains or hydrolyzed human remains in a cremated remains container or hydrolyzed human remains container suitable for placement, burial, or shipment.
(b)CA Health & Safety Code § 7011(b) “Inurnment” also means placing reduced human remains in a reduced human remains container suitable for placement, burial, or shipment.

Section § 7011.2

Explanation

This law section defines the term “placement” as putting a container with cremated remains or hydrolyzed human remains into a crypt, vault, or niche. The law took effect on July 1, 2020.

(a)CA Health & Safety Code § 7011.2(a) “Placement” means the placing of a container holding cremated remains or hydrolyzed human remains in a crypt, vault, or niche.
(b)CA Health & Safety Code § 7011.2(b) This section shall become operative on July 1, 2020.

Section § 7012

Explanation

This section defines 'entombment' as the act of placing human remains inside a crypt or vault. It's basically how bodies are laid to rest in structures built for this purpose.

“Entombment” means the process of placing human remains in a crypt or vault.

Section § 7013

Explanation

In this section, 'burial' refers to the act of putting human remains into a grave.

“Burial” means the process of placing human remains in a grave.

Section § 7014

Explanation

This section defines a 'grave' as a plot of land in a cemetery meant for burying human remains.

“Grave” means a space of earth in a burial park, used, or intended to be used, for the disposition of human remains.

Section § 7015

Explanation

This law defines a 'crypt' or 'vault' as a specific space within a mausoleum that is large enough to hold human remains that haven't been cremated or processed through hydrolysis. It also states that this definition became effective on July 1, 2020.

(a)CA Health & Safety Code § 7015(a) “Crypt” or “vault” means a space in a mausoleum of sufficient size, used or intended to be used, to entomb human remains that have been neither cremated nor hydrolyzed.
(b)CA Health & Safety Code § 7015(b) This section shall become operative on July 1, 2020.

Section § 7016

Explanation

This law defines a 'niche' as a specific space in a columbarium that is used or intended to be used to store cremated or hydrolyzed human remains. The law officially took effect on July 1, 2020.

(a)CA Health & Safety Code § 7016(a) “Niche” means a space in a columbarium used, or intended to be used, for the placement of cremated human remains or hydrolyzed human remains.
(b)CA Health & Safety Code § 7016(b) This section shall become operative on July 1, 2020.

Section § 7017

Explanation

This law defines "hydrolysate" as a liquid produced from the breakdown of human remains through a process called alkaline hydrolysis. This liquid is harmless and contains nutrients like sugars and amino acids. The law mentions that hydrolysate and calcium phosphate ashes are the two outcomes of this process. This regulation took effect on July 1, 2020.

(a)CA Health & Safety Code § 7017(a) “Hydrolysate” means the resultant liquid from the hydrolysis of human remains, which liquid is a sterile, benign, micronutrient-rich solution consisting of sugars, salts, peptides, and amino acids. Hydrolysate and calcium phosphate “ashes” are the two end results from the alkaline hydrolysis process.
(b)CA Health & Safety Code § 7017(b) This section shall become operative on July 1, 2020.

Section § 7018

Explanation

This law defines what a "cemetery authority" is. It includes any cemetery association, corporation sole, limited liability company, or any other person that owns or controls cemetery lands or property.

“Cemetery authority” includes cemetery association, corporation sole, limited liability company, or other person owning or controlling cemetery lands or property.

Section § 7019

Explanation

This law defines what a 'cemetery corporation' or 'cemetery association' is. It refers to any corporation set up to manage cemetery-related business as outlined in their founding documents. However, it does not include 'corporation sole,' which is a type of corporation with a single person as the legal entity.

“Cemetery corporation,” “cemetery association,” or “cemetery corporation or association,” means any corporation now or hereafter organized which is or may be authorized by its articles to conduct any one or more or all of the businesses of a cemetery, but do not mean or include a corporation sole.

Section § 7020

Explanation

This law defines what it means to conduct a 'cemetery business' or for a business to serve 'cemetery purposes.' It includes everything related to establishing, maintaining, and operating a cemetery, as well as interring human remains and caring for the cemetery grounds. This also covers any activities or services for the benefit of property owners or visitors, such as educational or spiritual events.

“Cemetery business,” “cemetery businesses,” and “cemetery purposes” are used interchangeably and mean any and all business and purposes requisite to, necessary for, or incident to, establishing, maintaining, operating, improving, or conducting a cemetery, interring human remains, and the care, preservation, and embellishment of cemetery property, including, but not limited to, any activity or business designed for the benefit, service, convenience, education, or spiritual uplift of property owners or persons visiting the cemetery.

Section § 7021

Explanation

This section defines the terms 'directors' or 'governing body' as referring to the group responsible for making decisions and setting policies in a cemetery association. This group can be a board of directors, board of trustees, or any similar body.

“Directors” or “governing body” means the board of directors, board of trustees, or other policymaking body of a cemetery association.

Section § 7022

Explanation

The terms 'lot,' 'plot,' or 'interment plot' refer to spaces in a cemetery meant for burying human remains. These can include one or more connected graves, crypts, vaults, or niches.

“Lot,” “plot,” or “interment plot” means space in a cemetery, used or intended to be used for the interment of human remains. Such terms include and apply to one or more than one adjoining graves, one or more than one adjoining crypts or vaults, or one or more than one adjoining niches.

Section § 7023

Explanation

This section defines who is considered an owner of a burial plot in a cemetery. It clarifies that the owner is the person whose name is officially recorded as the owner of the interment plot with the cemetery authority.

“Plot owner,” “owner,” or “lot proprietor,” means any person in whose name an interment plot stands of record as owner, in the office of a cemetery authority.

Section § 7024

Explanation

This law explains that a 'Permit for Disposition of Human Remains' is basically a permit that's necessary for handling human remains. This includes burying (interment), digging up (disinterment), moving, reburying (reinterment), or transporting the remains. It's sometimes called a 'burial permit.'

“Permit for Disposition of Human Remains” includes “burial permit” and is a permit, issued pursuant to law, for the interment, disinterment, removal, reinterment or transportation of human remains.

Section § 7025

Explanation

This law defines "disposition" as how human remains are handled. It includes burying them, mixing them into soil, or scattering ashes within California, or sending them to another place for legal handling. It also covers the release of remains as outlined in Section 103060.

“Disposition” means the interment, integration into soil, or scattering of human remains within California, or the shipment outside of California, for lawful interment, integration into soil, or scattering elsewhere, including release of remains pursuant to Section 103060.