§ 32-8-335 — "Alternative container".

(A) A crematory authority and funeral establishment may require a decedent's agent to purchase an alternative container to contain the human remains before cremation but may not require the agent to purchase a casket before cremation for viewing or the actual cremation. (B) No crematory authority may accept human remains from a funeral establishment unless the remains are delivered in a casket, cremation casket, or an alternative container unless the funeral establishment has made arrangements with the crematory authority to provide the casket, cremation casket, or an alternative container before cremation. Only a licensed crematory may perform cremations of human remains in this State and only a licensed funeral director or a funeral establishment may sell preneed and at-need merchandise. (C) For purposes of this section, "alternative container" means a receptacle other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be: (a) composed of readily combustible materials suitable for cremation; (b) resistant to leakage or spillage; (c) rigid enough for handling with ease; (d) able to provide protection for the health, safety, and personal integrity of crematory personnel.

Legislative History

HISTORY: 1994 Act No. 435, SECTION 1.