§ 7714.4. — 7714.4. (Added by Stats. 2022, Ch. 399, Sec. 26.)

California § 7714.4.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 3.: DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY
• Ch. 12.: CHAPTER 12. Cemetery and Funeral Act
• Art. 6.6.: ARTICLE 6.6. Reduction Facilities

Text

A licensed reduction facility shall not conduct reduction of human remains unless all of the following requirements are met:
(a)
The facility is operated under the supervision of a manager qualified in accordance with rules operated by the bureau. A licensed crematory manager may be designated as a reduction facility manager with appropriate certification upon demonstrating an understanding of the applicable provisions of this code and the Health and Safety Code, as determined by the bureau.
(b)
(1)
The licensee has a written contract with the person or persons entitled to custody of the remains clearly
stating the location, manner, and time of disposition of the remains, in which the person or persons entitled to custody of the remains agree to pay the licensee’s regular fee for reduction, disposition, and other services rendered, and any other contractual provisions required by the bureau.
(2)
The contract shall include an estimate of the volume of the reduced human remains that will be received and shall offer the following options:
(A)
The person entitled to custody of the remains may choose to receive all of the reduced human remains in one or more reduced human remains containers, the number of containers to be specified by the person.
(B)
The person entitled to custody of the remains may choose to
receive part of the reduced human remains in one or more reduced human remains containers, the amount received to be specified by the person and the balance of the remains to be
integrated into the soil by the reduction facility in a conservation area pursuant to Section 7054.5 of the Health and Safety Code.
(C)
The person entitled to custody of the remains may choose to receive none of the reduced human remains and to have the reduction facility integrate the remains into the soil in a conservation area pursuant to Section 7054.5 of the Health and Safety Code.
(3)
If the person entitled to custody of the remains chooses not to receive all of the reduced human remains pursuant to subparagraph (B) or (C) of paragraph (2), the reduction facility shall notify the person of the location of the conservation area into which the reduced human remains will be integrated.
(c)
Reduction
of remains begins not more than 24 hours after delivery of the remains to the licensee, unless the remains have been preserved in the interim by refrigeration.
(d)
The licensee has either of the following:
(1)
(A)
A contractual relationship with a licensed cemetery authority for final disposition of reduced human remains by burial, entombment, or inurnment of any and all remains that are not lawfully disposed of or that are not called for or accepted by the person or persons entitled to the custody and control of the disposition of those remains within 90 days of date of death.
(B)
A licensed cemetery authority may begin the process of disposition of the reduced remains if they have not been removed from
the cemetery by the authorized representative having the right to control disposition pursuant to Section 7100 of the Health and Safety Code within 60 days of the date of receipt and shall bear no liability for that disposal.
(2)
A contractual relationship with, or ownership of, a conservation area where the reduction facility may lawfully integrate the reduced human remains into the soil pursuant to Section 7054.5 of the Health and Safety Code. The facility may integrate into the soil any reduced human remains that are not called for or accepted by the person or persons entitled to the custody and control of the disposition of those remains within 90 days of date of death.

Legislative History

Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.