Article 5. Operation Of Crematories of California Health And Safety Code >> Division 8. >> Part 3. >> Chapter 2. >> Article 5.
All cremated remains not disposed of in accordance with this
chapter, within one year, shall be interred.
No crematory shall make or enforce any rules requiring that
human remains be placed in a casket before cremation or that human
remains be cremated in a casket, nor shall a crematory refuse to
accept human remains for cremation for the reason that they are not
in a casket. Every director, officer, agent or representative of a
crematory who violates this section is guilty of a misdemeanor.
Nothing in this section shall be construed to prohibit the requiring
of some type of container or disposal unit.
A crematory shall maintain on its premises, or other business
location within the State of California, an accurate record of all
cremations performed, including all of the following information:
(a) Name of referring funeral director, if any.
(b) Name of deceased.
(c) Date of cremation.
(d) Name of cremation chamber operator.
(e) Time and date that body was inserted in cremation chamber.
(f) Time and date that body was removed from cremation chamber.
(g) Time and date that final processing of cremated remains was
(h) Disposition of cremated remains.
(i) Name and address of authorizing agent.
(j) The identification number assigned to the deceased pursuant to
(k) A photocopy of the disposition permit filed in connection with
This information shall be maintained for at least 10 years after
the cremation is performed and shall be subject to inspection by the
Cemetery and Funeral Bureau.
A crematory shall maintain an identification system allowing
identification of each decedent beginning from the time the crematory
accepts delivery of human remains until the point at which it
releases the cremated remains to a third party. After cremation, an
identifying disk, tab, or other permanent label shall be placed
within the urn or cremated remains container before the cremated
remains are released from the crematory. Each identification disk,
tab, or label shall contain the license number of the crematory and
shall have a unique number that shall be recorded on all paperwork
regarding the decedent's case and in the crematory log. Each
crematory shall maintain a written procedure for identification of
remains. The identification requirements pertaining to an identifying
disk, tab, or other label to be placed within the urn or cremated
remains container shall not apply to cremated remains placed in a
keepsake urn pursuant to subdivision (b) of Section 7054.6 if space
does not permit.
On or after March 1, 1994, any crematory that fails, when
requested by an official of the bureau to produce a written procedure
for identification of remains, shall have 15 working days from the
time of the request to produce an identification procedure for review
by the chief of the Cemetery and Funeral Bureau. The license of the
crematory shall be suspended pursuant to Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, if no identification procedure is produced for review after 15
working days have elapsed.
(a) Except as provided in subdivision (b), a crematory
regulated by the Cemetery and Funeral Bureau shall knowingly cremate
only human remains in cremation chambers, along with the cremation
container, personal effects of the deceased, and no more than a
negligible amount of chlorinated plastic pouches utilized for disease
control when necessary.
(b) (1) Notwithstanding any other law, a crematory regulated by
the Cemetery and Funeral Bureau also may incinerate one or more
American flags, under the following conditions:
(A) Incineration of the flag or flags is performed separately from
the cremation of human remains, as provided in subdivision (a).
(B) Incineration of the flag or flags is in accordance with
Section 8(k) of Title 4 of the United States Code.
(C) Incineration of the flag or flags occurs within one week
before or after any of the following:
(i) Memorial Day.
(ii) Flag Day.
(iii) Independence Day.
(2) Nothing in this subdivision shall be construed to attempt to
restrict or otherwise infringe upon any person's right to free
expression under the First Amendment to the United States
(a) A crematory that incinerates an American flag or flags
pursuant to Section 8344.5 shall maintain on its premises an accurate
record of all American flags incinerated as specified in Section
8344.5, including all of the following information:
(1) Name of the organization or person requesting incineration of
the flag or flags.
(2) Date of incineration of the flag or flags.
(3) Name of the cremation chamber operator.
(4) Time and date that the flag or flags were inserted in the
(5) Time and date that the flag or flags were removed from the
(6) Weight of the ashes of the flag or flags after being removed
from the cremation chamber.
(7) Disposition of the ashes of the incinerated flag or flags.
(b) This information shall be maintained in the crematory log for
at least 10 years after the incineration of an American flag or flags
and shall be subject to inspection by the Cemetery and Funeral
If a cremated remains container is of insufficient capacity
to accommodate all cremated remains of a given deceased, the
crematory shall provide a larger cremated remains container at no
additional cost, or place the excess remains in a secondary cremated
remains container and attach the second container, in a manner so as
not to be easily detached through incidental contact, to the primary
cremated remains container for interment, scattering, or other
disposition by the person entitled to control the disposition.
A crematory shall not accept human remains for cremation
unless the remains meet all of the following requirements:
(a) The remains shall be in a cremation container, as defined.
(b) The cremation container shall be labeled with the identity of
Within two hours after a crematory licensed by the State of
California takes custody of a body that has not been embalmed, it
shall refrigerate the body at a temperature not greater than 50
degrees Fahrenheit unless the cremation process will begin within 24
hours of the time that crematory took custody.
Every crematory operator, or duly authorized representative
shall provide to any person who inquires in person, a written, or
printed list of prices for cremation and storage, cremation
containers, cremated remains containers and urns, and requirements
for cremation containers. This information shall be provided over the
telephone when requested. Commencing July 1, 1994, any written or
printed list shall identify the crematorium and shall contain, at a
minimum, the current address and phone number of the Cemetery and
Funeral Bureau in 8-point boldface type, or larger.
(a) The crematory licensee, or his or her authorized
representative shall provide instruction to all crematory personnel
involved in the cremation process. This instruction shall lead to a
demonstrated knowledge on the part of an employee regarding
identification procedures used during cremation, operation of the
cremation chamber and processing equipment and all laws relevant to
the handling of a body and cremated remains. This instruction shall
be outlined in a written plan maintained by the crematory licensee
for inspection and comment by an inspector of the Cemetery and
(b) No employee shall be allowed to operate any cremation
equipment until he or she has demonstrated to the licensee or
authorized representative that he or she understands procedures
required to ensure that health and safety conditions are maintained
at the crematory and that cremated remains are not commingled other
than for acceptable residue, as defined. The crematory licensee shall
maintain a record to document that an employee has received the
training specified in this section.
(c) On or after March 1, 1994, any crematory that fails, when
requested by an official of the bureau, to produce a written employee
instruction plan, or record of employee training for inspection,
shall have 15 working days from the time of the request to produce a
plan or training record for review by the chief of the Cemetery and
Funeral Bureau. The license of the crematory shall be suspended,
pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, if no plan or training
record is produced for review after 15 working days have elapsed.