Operation and ManagementOperation of Crematories
Section § 8341
If someone doesn't handle cremated remains as directed by the rules within a year, those remains must be buried.
Section § 8342
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.
Section § 8343
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.
Section § 8344
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.
Section § 8344.5
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.
Section § 8344.6
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.
Section § 8345
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.
Section § 8345.5
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.
Section § 8346
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.
Section § 8346.5
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.
Section § 8347
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.