Section 8344.5 Of Article 5. Operation Of Crematories From California Health And Safety Code >> Division 8. >> Part 3. >> Chapter 2. >> Article 5.
8344.5
. (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
Constitution.