§ 5-514

Maryland § 5-514

• Jurisdiction: Maryland
• Article ghg: Health - General
• Title: 5

Text

(a) An individual may not bury or dispose of a body except:

(1) In a family burial plot or other area allowed by a local ordinance;

(2) In a crematory;

(3) In a cemetery;

(4) In a reduction facility;

(5) By donating the body to medical science; or

(6) By removing the body to another state for final disposition in accordance with the laws of the other state.

(b) A person may not use or dispose of soil remains produced by natural organic reduction:

(1) On public or private property without the prior written permission of:

(i) The owner of the public property;

(ii) The surviving owners of public record of the private property; or

(iii) If the decedent was sole owner of the property at death, the authorizing agent;

(2) By using the soil remains to grow food for consumption by humans or livestock;

(3) By selling or reselling the soil remains to a third party; or

(4) By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers.

(c) Unless a funeral establishment or cemetery has otherwise agreed in writing, a reduction facility that produces soil remains is responsible for providing for the final disposition and disposal of the soil remains in accordance with written direction given by an authorizing agent.

(d) Except for acts of gross negligence or reckless disregard of the prohibitions under subsection (b) of this section, a practitioner or reduction facility operator is not liable for:

(1) Transferring possession of soil remains at a reduction facility; or

(2) Delivering soil remains to another location according to the written direction provided by an authorizing agent.

(e) An individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.