Article 4.5 - Cremated Remains Disposer
California Business and Professions Code — §§ 7672-7673.2
Sections (14)
Amended by Stats. 2022, Ch. 399, Sec. 11. (AB 351) Effective January 1, 2023.
(a)Registration shall be on the form prescribed by the bureau and shall include, but not be limited to, the full name of the registrant, business and residence addresses, description and identification of aircraft or boats that may be used in dispensing cremated human remains or hydrolyzed human remains, and the area to be served. Each registration application shall be accompanied by the cremated remains disposer fee.
(b)Every registered cremated remains disposer who dispenses human remains by air shall post a copy of the person’s current pilot’s license, and the address of the cremated remains or hydrolyzed human remains storage area at their place of business. Every registered
cremated remains disposer who dispenses human remains by boat shall post a copy of the person’s current boating license and the address of the cremated remains or hydrolyzed human remains storage area at their place of business.
(c)Commencing January 1, 2027, every registered cremated remains disposer who integrates reduced human remains into the soil shall post a copy of the address of the reduced human remains storage area at their place of business.
Repealed (in Sec. 13) and added by Stats. 2017, Ch. 846, Sec. 14. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.
(a)All aircraft used for the scattering of cremated human remains or hydrolyzed human remains shall be validly certified by the Federal Aviation Administration. All boats or vessels used for the scattering of cremated human remains or hydrolyzed human remains shall be registered with the Department of Motor Vehicles or documented by a federal agency, as appropriate. The certification or registration shall be available for inspection by the bureau.
(b)This section shall become operative on July 1, 2020.
Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.
Each cremated remains disposer shall provide the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety Code with a copy of the completed permit for disposition of human remains pursuant to Chapter 8 (commencing with Section 103050) of Part 1 of Division 102 of the Health and Safety Code within 30 days of the date of the scattering.
Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.
All cremated remains disposer registrations shall expire at midnight on September 30 of each year. A person desiring to renew his or her registration shall file an application for renewal on a form prescribed by the bureau accompanied by the required fee. A registration that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal fees. The bureau shall not renew the registration of any person who has not filed the required annual report until he or she has filed a complete annual report with the department.
Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.
If a person fails to apply for renewal of his or her cremated remains disposer registration prior to midnight of September 30 of the year for which the registration was issued, no renewal shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2.
Amended by Stats. 2022, Ch. 399, Sec. 20. (AB 351) Effective January 1, 2023.
(a)A person who scatters cremated human remains or hydrolyzed human remains without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person scattered shall constitute a separate violation.
(b)Commencing January 1, 2027, a person who integrates reduced human remains into the soil without a valid registration and who is not otherwise exempt from this article shall be guilty of a misdemeanor. The remains of each person integrated into the
soil shall constitute a separate violation.
Amended by Stats. 2022, Ch. 399, Sec. 21. (AB 351) Effective January 1, 2023.
(a)A person who scatters any cremated human remains or hydrolyzed human remains without specific written instructions from the person having the right to control the disposition of the remains or who scatters remains in a manner not in accordance with those instructions shall be guilty of a misdemeanor.
(b)Commencing January 1, 2027, a person who integrates reduced human remains into the soil without specific written instructions from the person having the right to control the disposition of the remains, or
who integrates reduced human remains into the soil in a manner not in accordance with those instructions shall be guilty of a misdemeanor.
Added by Stats. 2015, Ch. 395, Sec. 20. (AB 180) Effective January 1, 2016.
A cremated remains disposer shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686). Any violation of this article shall also be grounds for disciplinary action.