Chapter 1. General Provisions of California Health And Safety Code >> Division 8. >> Part 3. >> Chapter 1.
Except as provided in subdivision (c) of this section, the
provisions of this part do not apply to any of the following:
(a) Any religious corporation, church, religious society or
denomination, a corporation sole administering temporalities of any
church or religious society or denomination, or any cemetery
organized, controlled, and operated by any of them.
(b) Any public cemetery.
(c) Any private or fraternal burial park not exceeding 10 acres in
area, heretofore established; provided, however, (1) that the
provisions of Chapter 6 (commencing at Section 8800) and Chapter 7
(commencing at Section 8825) of this part are applicable thereto, and
(2) all of the provisions of this part shall apply to any such
cemetery that collects a care, maintenance or embellishment deposit
or funds for commodities or services.
As used in Section 8250 of this code, a public cemetery is
a cemetery owned and operated by a city, county, city and county, or
public cemetery district.
The provisions of this part do not affect the corporate
existence of any cemetery organized under any law then existing prior
to August 14, 1931, and as to such cemeteries, and their rights, the
laws under which the corporation was organized and existed and under
which such rights became vested are applicable.
It is unlawful for any corporation, copartnership, firm,
trust, association, or individual to engage in or transact any of the
businesses of a cemetery within this state except by means of a
corporation or limited liability company duly organized for these
The powers, privileges, duties and restrictions conferred and
imposed upon any corporation, firm, copartnership, association,
trust or individual, existing and doing business under the laws of
this State, are hereby enlarged or modified as each particular case
may require to conform to the provisions of this part notwithstanding
anything to the contrary in their respective articles of
incorporation, charter or other evidence of organization.