General ProvisionsDefinitions
Section § 7000
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.
Section § 7001
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.
Section § 7002
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.
Section § 7002.5
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.
Section § 7002.7
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.
Section § 7003
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.
Section § 7004
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.
Section § 7005
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.
Section § 7006
A 'crematory' is defined as a place that has furnaces specifically designed for burning bodies of deceased people to ashes, known as cremated remains.
Section § 7006.1
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.
Section § 7006.3
This law section defines a 'cremation chamber' as the enclosed space where the process of cremating human remains takes place.
Section § 7006.4
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.
Section § 7006.5
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.
Section § 7006.6
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.
Section § 7006.7
This law section defines a 'cremated remains container' as the vessel used to hold a person's ashes after they have been cremated.
Section § 7006.8
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.
Section § 7007
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.
Section § 7008
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.
Section § 7009
'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.
Section § 7010
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.
Section § 7010.1
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.
Section § 7010.3
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.
Section § 7010.5
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."
Section § 7010.7
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.
Section § 7010.8
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.
Section § 7011
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.
Section § 7011.2
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.
Section § 7012
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.
Section § 7013
In this section, 'burial' refers to the act of putting human remains into a grave.
Section § 7014
This section defines a 'grave' as a plot of land in a cemetery meant for burying human remains.
Section § 7015
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.
Section § 7016
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.
Section § 7017
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.
Section § 7018
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.
Section § 7019
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.
Section § 7020
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.
Section § 7021
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.
Section § 7022
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.
Section § 7023
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.
Section § 7024
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.'
Section § 7025
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.