Section § 8341

Explanation

If someone doesn't handle cremated remains as directed by the rules within a year, those remains must be buried.

All cremated remains not disposed of in accordance with this chapter, within one year, shall be interred.

Section § 8342

Explanation

This law states that crematories cannot require human remains to be in a casket for cremation, nor can they refuse remains that aren't in a casket. Violating this rule is a misdemeanor. However, crematories can require some type of container for the remains.

No crematory shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket, nor shall a crematory refuse to accept human remains for cremation for the reason that they are not in a casket. Every director, officer, agent or representative of a crematory who violates this section is guilty of a misdemeanor. Nothing in this section shall be construed to prohibit the requiring of some type of container or disposal unit.

Section § 8343

Explanation

This law requires crematories in California to keep detailed records of every cremation they perform. These records must include the name of the funeral director, the deceased, dates and times related to the cremation process, and the cremation chamber operator.

The records must also include how the remains were handled, the authorizing agent, an ID number for the deceased, and a copy of the disposition permit. These records need to be kept for at least 10 years and be available for inspection by the Cemetery and Funeral Bureau.

A crematory shall maintain on its premises, or other business location within the State of California, an accurate record of all cremations performed, including all of the following information:
(a)CA Health & Safety Code § 8343(a)  Name of referring funeral director, if any.
(b)CA Health & Safety Code § 8343(b)  Name of deceased.
(c)CA Health & Safety Code § 8343(c)  Date of cremation.
(d)CA Health & Safety Code § 8343(d)  Name of cremation chamber operator.
(e)CA Health & Safety Code § 8343(e)  Time and date that body was inserted in cremation chamber.
(f)CA Health & Safety Code § 8343(f)  Time and date that body was removed from cremation chamber.
(g)CA Health & Safety Code § 8343(g)  Time and date that final processing of cremated remains was completed.
(h)CA Health & Safety Code § 8343(h)  Disposition of cremated remains.
(i)CA Health & Safety Code § 8343(i)  Name and address of authorizing agent.
(j)CA Health & Safety Code § 8343(j)  The identification number assigned to the deceased pursuant to Section 8344.
(k)CA Health & Safety Code § 8343(k)  A photocopy of the disposition permit filed in connection with the disposition.
This information shall be maintained for at least 10 years after the cremation is performed and shall be subject to inspection by the Cemetery and Funeral Bureau.

Section § 8344

Explanation

This law requires crematories to have a system in place to identify each body from the time they receive it until they hand over the cremated remains. After cremation, an identifying marker with the crematory's license number and a unique identifier must be placed in the urn or ashes container unless it's a keepsake urn that’s too small.

Crematories must have a written procedure for this identification process. If a state official asks for this procedure and the crematory can't provide it within 15 working days, they risk having their license suspended.

A crematory shall maintain an identification system allowing identification of each decedent beginning from the time the crematory accepts delivery of human remains until the point at which it releases the cremated remains to a third party. After cremation, an identifying disk, tab, or other permanent label shall be placed within the urn or cremated remains container before the cremated remains are released from the crematory. Each identification disk, tab, or label shall contain the license number of the crematory and shall have a unique number that shall be recorded on all paperwork regarding the decedent’s case and in the crematory log. Each crematory shall maintain a written procedure for identification of remains. The identification requirements pertaining to an identifying disk, tab, or other label to be placed within the urn or cremated remains container shall not apply to cremated remains placed in a keepsake urn pursuant to subdivision (b) of Section 7054.6 if space does not permit.
On or after March 1, 1994, any crematory that fails, when requested by an official of the bureau to produce a written procedure for identification of remains, shall have 15 working days from the time of the request to produce an identification procedure for review by the chief of the Cemetery and Funeral Bureau. The license of the crematory shall be suspended pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no identification procedure is produced for review after 15 working days have elapsed.

Section § 8344.5

Explanation

Under this law, crematories must only cremate human remains along with a cremation container, personal effects, and a tiny amount of certain plastic pouches used for health reasons. A crematory can also cremate a deceased military member's remains with one American flag if requested by the person in charge of the remains. Separately, crematories are allowed to burn American flags on their own, following certain guidelines: the flags must be burned separately from human remains, according to federal code, and near specific holidays like Memorial Day and Independence Day. This part of the law respects free speech rights.

(a)CA Health & Safety Code § 8344.5(a) Except as provided in subdivision (b) or (c), a crematory regulated by the Cemetery and Funeral Bureau shall knowingly cremate only human remains in cremation chambers, along with the cremation container, personal effects of the deceased, and no more than a negligible amount of chlorinated plastic pouches utilized for disease control when necessary.
(b)CA Health & Safety Code § 8344.5(b) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.
(c)Copy CA Health & Safety Code § 8344.5(c)
(1)Copy CA Health & Safety Code § 8344.5(c)(1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:
(A)CA Health & Safety Code § 8344.5(c)(1)(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).
(B)CA Health & Safety Code § 8344.5(c)(1)(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.
(C)CA Health & Safety Code § 8344.5(c)(1)(C) Incineration of the flag or flags occurs within one week before or after any of the following:
(i)CA Health & Safety Code § 8344.5(c)(1)(C)(i) Presidents’ Day.
(ii)CA Health & Safety Code § 8344.5(c)(1)(C)(ii) Memorial Day.
(iii)CA Health & Safety Code § 8344.5(c)(1)(C)(iii) Flag Day.
(iv)CA Health & Safety Code § 8344.5(c)(1)(C)(iv) Independence Day.
(v)CA Health & Safety Code § 8344.5(c)(1)(C)(v) Veterans’ Day.
(2)CA Health & Safety Code § 8344.5(c)(2) This subdivision does not attempt to restrict or otherwise infringe upon any person’s right to free expression under the First Amendment to the United States Constitution.

Section § 8344.6

Explanation

This law requires crematories that incinerate American flags to keep detailed records of each incineration. The records must include who requested the incineration, when it happened, the operator's name, and details about the incineration process such as times, dates, and the weight of the ashes. Additionally, the records should document what happens to the ashes afterward. These records must be kept for at least 10 years and are open to inspection by the Cemetery and Funeral Bureau.

(a)CA Health & Safety Code § 8344.6(a) A crematory that incinerates an American flag or flags pursuant to Section 8344.5 shall maintain on its premises an accurate record of all American flags incinerated as specified in Section 8344.5, including all of the following information:
(1)CA Health & Safety Code § 8344.6(a)(1) Name of the organization or person requesting incineration of the flag or flags.
(2)CA Health & Safety Code § 8344.6(a)(2) Date of incineration of the flag or flags.
(3)CA Health & Safety Code § 8344.6(a)(3) Name of the cremation chamber operator.
(4)CA Health & Safety Code § 8344.6(a)(4) Time and date that the flag or flags were inserted in the cremation chamber.
(5)CA Health & Safety Code § 8344.6(a)(5) Time and date that the flag or flags were removed from the cremation chamber.
(6)CA Health & Safety Code § 8344.6(a)(6) Weight of the ashes of the flag or flags after being removed from the cremation chamber.
(7)CA Health & Safety Code § 8344.6(a)(7) Disposition of the ashes of the incinerated flag or flags.
(b)CA Health & Safety Code § 8344.6(b) This information shall be maintained in the crematory log for at least 10 years after the incineration of an American flag or flags and shall be subject to inspection by the Cemetery and Funeral Bureau.

Section § 8345

Explanation

If a cremated remains container is too small to hold all of someone's ashes, the crematory must provide a bigger container for free or use an additional container for the extra ashes. The additional container must be securely attached to the main container so it won't easily detach by accident. This setup is then used for final arrangements, such as burial or scattering, by the person responsible for deciding how the remains should be handled.

If a cremated remains container is of insufficient capacity to accommodate all cremated remains of a given deceased, the crematory shall provide a larger cremated remains container at no additional cost, or place the excess remains in a secondary cremated remains container and attach the second container, in a manner so as not to be easily detached through incidental contact, to the primary cremated remains container for interment, scattering, or other disposition by the person entitled to control the disposition.

Section § 8345.5

Explanation

A crematory can't take a body for cremation unless certain rules are followed.

The body has to be in a special box made for cremation, known as a cremation container.

That container must have a label showing who the person is.

A crematory shall not accept human remains for cremation unless the remains meet all of the following requirements:
(a)CA Health & Safety Code § 8345.5(a)  The remains shall be in a cremation container, as defined.
(b)CA Health & Safety Code § 8345.5(b)  The cremation container shall be labeled with the identity of the decedent.

Section § 8346

Explanation

This law requires crematories in California to refrigerate bodies that haven't been embalmed to a temperature of no more than 50 degrees Fahrenheit. This must be done within two hours after they take custody of the body, unless they plan to start the cremation process within 24 hours.

Within two hours after a crematory licensed by the State of California takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than 50 degrees Fahrenheit unless the cremation process will begin within 24 hours of the time that crematory took custody.

Section § 8346.5

Explanation

If you ask a crematory about their services, they must give you a written or printed list of prices. This includes costs for cremation, storage, cremation containers, urns, and any requirements related to these containers.

If you call them, they must also provide this information over the phone. Since July 1, 1994, any written list must also include the crematory's details, like their address and phone number, and have information about the Cemetery and Funeral Bureau in bold text.

Every crematory operator, or duly authorized representative shall provide to any person who inquires in person, a written, or printed list of prices for cremation and storage, cremation containers, cremated remains containers and urns, and requirements for cremation containers. This information shall be provided over the telephone when requested. Commencing July 1, 1994, any written or printed list shall identify the crematorium and shall contain, at a minimum, the current address and phone number of the Cemetery and Funeral Bureau in 8-point boldface type, or larger.

Section § 8347

Explanation

This law requires crematories to train their staff on the cremation process. Each employee must understand the identification procedures, operation of equipment, and legal aspects concerning handling bodies and cremated remains. The training must be outlined in a written plan for inspection.

Employees can only use cremation equipment after proving they know safety procedures and how to prevent the mixing of remains. Records of employee training must be documented.

Starting March 1, 1994, if a crematory cannot show the training plan or records when requested by officials, they have 15 working days to provide them. Failing to meet this deadline can lead to license suspension.

(a)CA Health & Safety Code § 8347(a)  The crematory licensee, or his or her authorized representative shall provide instruction to all crematory personnel involved in the cremation process. This instruction shall lead to a demonstrated knowledge on the part of an employee regarding identification procedures used during cremation, operation of the cremation chamber and processing equipment and all laws relevant to the handling of a body and cremated remains. This instruction shall be outlined in a written plan maintained by the crematory licensee for inspection and comment by an inspector of the Cemetery and Funeral Bureau.
(b)CA Health & Safety Code § 8347(b)  No employee shall be allowed to operate any cremation equipment until he or she has demonstrated to the licensee or authorized representative that he or she understands procedures required to ensure that health and safety conditions are maintained at the crematory and that cremated remains are not commingled other than for acceptable residue, as defined. The crematory licensee shall maintain a record to document that an employee has received the training specified in this section.
(c)CA Health & Safety Code § 8347(c)  On or after March 1, 1994, any crematory that fails, when requested by an official of the bureau, to produce a written employee instruction plan, or record of employee training for inspection, shall have 15 working days from the time of the request to produce a plan or training record for review by the chief of the Cemetery and Funeral Bureau. The license of the crematory shall be suspended, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, if no plan or training record is produced for review after 15 working days have elapsed.