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EXHIBIT A 
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We"stlaw. 

Code of Federal Regulations Currentness 

Title 16. Commercial Practices 

Chapter I. Federal Trade Commission 

Subchapter D. Trade Regulation Rules 

-+ Part 453. Funeral Industry Practices 

(Refs & Annas) 

§ 453.1 Definitions" 

(a) Alternative container. An "alternative 

container" is an unfinished wood box or other 

non-metal receptacle or enclosure, without 

ornamentation or a fixed interior lining, which is 

designed for the encasement of human remains 

and which is made of fiberboard, pressed-wood, 

composition materials (with or without an outside 

covering) or like materials. 

(b) Cash advance item. A "cash advance item" is 

any item of service or merchandise described to a 

purchaser as a Hcash advance," 

''accommodation," Hcash disbursement," or 

similar tenn. A cash advance item is also any 

item obtained from a third party and paid for by 

the funeral provider on the purchaser's behalf. 

Cash advance items may include, but are not 

limited to: cemetery or crematory services; 

pallbearers; public transportation; clergy 

honoraria; flowers; musicians or singers; nurses; 

obituary notices; gratuities and death certificates. 

(c) Casket. A "casket" is a rigid container which 

is designed for the encasement of human remains 

and which is usually constructed of wood, metal, 

fiberglass, plastic, or like material, and 

ornamented and lined with fabric. 

(d) Commission. ''Commission" refers to the 

Federal Trade Commission. 

(e) Cremation. 11Cremation" is a heating process 

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which incinerates human remains. 

(f) Crematory. A "crematory" is any person, 

partnership or corporation that performs 

cremation and sells funeral goods, 

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(g) Direct cremation. A 11direct cremation" is a 

disposition of human remains by cremation, 

without formal viewing, visitation, or ceremony 

with the body present. 

(h) Funeral goods. "Funeral goods" are the goods 

which are sold or offered for sale directly to the 

public for use in connection with funeral services. 

(i) Funeral provider. A "funeral provider" is any 

person, partnership or corporation that sells or 

offers to sell funeral goods and funeral services 

to the public. 

(j) Funeral services. "Funeral services" are any 

services which may be used to: 

(I) Care for and prepare deceased human 

bodies for burial, cremation or other final 

disposition; and 

(2) Arrange, supervise or conduct the funeral 

ceremony or the final disposition of deceased 

human bodies. 

(k) Immediate burial. An "immediate buriaP' is a 

disposition of human remains by burial, without 

fonnal viewing, visitation, or ceremony with the 

body present, except for a graveside service. 

(l) Memorial service. A "memorial service" is a 

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ceremony commemorating the deceased without 

the body present. 

(m) Funeral ceremony. A 11 funernl ceremony" is a 

service commemorating the deceased with the 

body present. 

(n) Outer burial container. An "outer burial 

container" is any conta.iner which is designed for 

placement in the grave around the casket 

including, but not limited to, containers 

commonly known as burial vaults, grave boxes, 

and grave liners. 

(o) Person. A "person" is any individual, 

partnership, corporation, association, government 

or governmental subdivision or agency, or other 

entity. 

(p) Services of funeral director and staff. The 

"services of funeral director and staff' are the 

basic services, not to be included in prices of 

other categories in§ 453,2(b)(4), that are 

furnished by a funeml provider in ammging any 

funeral, such as conducting the arrangements 

conference, planning the funeral, obtaining 

necessary permits, and placing obi mary notices. 

§ 453.2 P1·ice disclosures. 

(a) Unfair or deceptive acts or practices. In 

selling or offering to sell funeral goods or funeral 

services to the public, it is an unfair or deceptive 

act or practice for a funeral provider to fail to 

furnish accurate price information disclosing the 

cost to the purchaser for each of the specific 

funeral goods and funeral services used in 

connection with the disposition of deceased 

human bodies, including at least the price of 

embalming, transportation of remains, use of 

facilities, caskets, outer burial containers, 

immediate burials, or direct cremations, to 

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persons inquiring about the purchase of funerals. 

Any funeral provider who complies with the 

preventive requirements in paragraph (b) ofthis 

section is not engaged in the unfair or deceptive 

acts or practices defmed here. 

(b) Preventive requirements. To prevent these 

unfair or deceptive acts or practices, as well as 

the unfair or deceptive acts or practices defined 

in § 453.4(b)( 1), funeral providers must: 

(1) Telephone price disclosure. Tell persons 

who ask by telephone about the funeral 

provider's offerings or prices any accurate 

information from the price lists described in 

paragraphs (b)(2) through (4) of this section 

and any other readily available information that 

reasonably answers the question. 

(2) Casket price list. 

(i) Give a printed or typewritten price list to 

people who inquire in person about the 

offerings or prices of caskets or alternative 

contain_ers. The funeral provider must offer the 

list upon beginning discussion of, but in any 

event before showing caskets. The list must 

contain at least the retail prices of all caskets 

and alternative containers offered which do not 

require special ordering, enough infonnation to 

identify each, and the effective date for the 

price list. In lieu of a written list, other fonnats, 

such as notebooks, brochures, or charts may be 

used if they contain the same infonnation as 

would the printed or typewritten list, and 

display it in a clear and conspicuous manner. 

Provided, however, that funeral providers do 

not have to make a caske.t price list available if 

the funeral providers place on the general price 

list, specified in paragraph (b)(4) of this 

section, the information required by this 

paragraph. 

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(ii) Place on the list, however produced, the 

name of the funeral providers place of business 

and a caption describing the list as a ~"casket 

price list." 

(3) Outer burial container price list. 

(i) Give a printed or typewritten price list to 

persons who inquire in person about outer 

burial container offerings or prices. The funeral 

provider must offer the list upon beginning 

discussion ·of, but in any event before showing 

the containers. The list must contain at least the 

retail prices of all outer burial containers 

offered which do not require special ordering, 

enough information to identify each container, 

and the effective date for the prices listed. In 

lieu of a written list, the funeral provider may 

use other formats, such as notebooks, 

brochures, or charts, if they contain the same 

information as the printed or typewritten list, 

and display it in a clear and conspicuous 

manner. Provided, however, that funeral 

providers do not have to make an outer burial 

container price list available ifthc funeral 

providers place on the general price list, 

specified in paragraph (b)(4) ofthis section, the 

information required by this paragraph. 

(ii) Place on the list, however produced, the 

name of the funeral providers place of business 

and a caption describing the list as an "outer 

burial container price list." 

(4) General price list. 

(i)(A) Give a printed or typewritten price list 

for retention to persons who inquire in person 

about the funeral goods, funeral services or 

prices of funeral goods or services offered by 

the funeral provider. The funeral provider must 

give the list upon beginning discussion of any 

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of the following: 

(1) The prices of funeral goods or 

funeral services; 

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(2) The overall type of funeral service 

or disposition; or 

(3) Specific funeral goods or funeral 

services offered by the funeral provider. 

(B) The requirement in paragraph 

(b)(4Xi)(A) of this section applies whether 

the discussion takes place in the funeral 

home .or elsewhere. Provided, however, 

that when the deceased is removed for 

transportation to the funeral home, an inperson request at that time for 

authorization to embahn, required by § 

453.5(a)(2), does not, by itself, trigger the 

requirement to offer the general price list if 

the provider in seeking prior embalming 

approval discloses that embahning is not 

required by law except in certain special 

cases, if any. Any other discussion during 

that time about prices or the selection of 

funeral goods or services triggers the 

requirement under paragraph (b)(4)(i)(A) 

of this section to give consumers a generaL 

price list. 

(C) The list required in paragraph 

(b)(4)(i)(A) of this section must contain at 

least the following information: 

(I) The name, address, and telephone 

number of the funeral provider's place 

of business; 

(2) A caption describing the list as a 

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"general price Jist"; and 

(3) The effective date for the price list; 

(ii) Include on the price list, in any order, the 

retail prices (expressed either as the flat fee, or 

as the price per hour, mile or other unit of 

computation) and the other information 

specified below for at least each of the 

following items, if offered for sale: 

(A) Forwarding of remains to another 

funeral home, together with a list of the 

services provided for any quoted price; 

(B) Receiving remains from another 

funeral home, together with a list of the 

services provided for any quoted price; 

(C) The price range for the direct 

cremations offered by the funeral provider, 

together with: 

(l) A separate price for a direct 

cremation where the purchaser 

provides the container; 

(2) Sepai·ate prices for each direct 

cremation offered including an 

alternative container; and 

(3) A description of the services and 

container (where applicable), included 

in each price; 

(D) The price range for the immediate 

burials offered by the funeral provider, 

together with: 

(l) A separate price for an immediate 

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burial where the purchaser provides 

the casket; 

(2) Separate prices for each immediate 

burial offured including a casket or 

alternative container; and 

(3) A description of the services and 

container (where applicable) included 

in that price; 

(E) Transfer of remains to funeral home; 

(F) Embalming; 

(G) Other preparation of the body; 

(H) Usc of facilities and staff for viewing; 

(I) Use of facilities and staff for funeral 

ceremony; 

(J) Use of facilities and staff for memorial 

service; 

(K) Use of equipment and staff for 

graveside service; 

(L) Hearse; and 

(M) Limousine. 

(iii) Include on the price list, in any order, the 

following information: 

(A) Either of the following: 

(I) The price range for the caskets 

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offered by the funeral provider, 

together with the statement: "A 

complete price list will be provided at 

the funeral home."; or 

(2) The prices of individual caskets, 

disclosed in the manner specified by 

paragraph (b}(2)(i) of this section; and 

(B) Either of the following: 

(I) The price range for the outer burial 

containers offered by the funeral 

provider, together with the statement: 

'

1

A complete price list will be provided 

at the funeral home."; or 

(2) The prices of individual outer 

burial containers, disclosed in the 

manner specified by paragraph 

(b}(J)(i) of this section; and 

(C) Either of the following: 

(I) The price for the basic services of 

funeral director and staff, together 

with a list of the principal basic 

services provided for any quoted price 

and, if the charge canoot be declined 

by the purchaser, the statement: ''This 

fee for our basic services will be added 

to the total cost of the funeral 

arrangements you select. (This fee is 

already included in our charges for 

direct cremations, immediate burials, 

and fonvarding or receiving 

remains.)". If the charge cannot be 

declined by the purchaser, the quoted 

price shall include all charges for the 

recovery of unallocated funeral 

provider ·overhead, and funeral 

providers may include in the required 

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disclosure the phrase "and overhead'' 

after the word 11Services"; or 

(2) The following statement: "Please 

note that a fee of (specify dollar 

amount) for the use of our basic 

services is included in the price of our 

caskets. This same fee shall be added 

to the total cost of your funeral 

arrangements if you provide the 

casket. Our services include 

(specify)." The fee shall include all 

charges for the recovery of unallocated 

funeral provider overhead, and funeral 

providers may include in the required 

disclosure the phrase ''and overhead" 

after the word 11Services." The 

statement must be placed on the 

general price list together with the 

casket price range, required by 

paragraph (b)(4}(lii)(A)(I) of this 

section. or together with the prices of 

individual caskets, required by 

(b)(4)(iii)(A)(2) of this section. 

(iv) The services fee permitted by § 

453.2(b)(4)(iii)(C)(I} or (C)(2) is the only 

funeral provider fee foi services, facilities or 

unallocated overhead permitted by this part to 

be non-declinable, unless otherwise required by 

law. 

(5) Statement of funeral goods and services 

selected. 

(i) Give an itemized written statement for 

retention to each person who arranges a funeral 

or other disposition of human remains, at the 

conclusion of the discussion of arrangements. 

The statement must list at least the following 

information: 

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(A) The funeral goods and funeral services 

selected by that person and the prices to be 

paid for each of them; 

(B) Specifically itemized cash advance 

items. (These prices must be given to the 

extent then known or reasonably 

ascertainable. If the prices are not known 

or reasonably ascertainable, a good faith 

estimate shall be given and a written 

statement of the actual charges shall be 

provided before the frnal bill is paid.); and 

(C) The total cost of the goods and 

services selected. 

(ii) The information required by this paragraph 

(b)(5) may be included on any contract, 

statement, or other document which the funeral 

provider would otherwise provide at the 

conclusion of discussion of arrangements. 

(6) Other pricing methods. Funeral providers 

may give persons any other price information, 

in any other format, in addition to that required 

by§ 453.2(b)(2), (3), and (4) so long as the 

statement required by§ 453.2(b)(5) is given 

when required by the ndc. 

§ 453.3 Misrepresentations. 

(a) Embalming provisions. 

( l) Deceptive acts or practices. Tn selling or 

offering to sell funeral goods or funeral 

services to the public, it is a deceptive act or 

practice for a funeral provider to: 

(i) Represent that state or local law requires 

that a deceased person be embalmed when such 

is not the case; 

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(ii) Fail to disclose that cmbahning is not 

required by law except in certain special cases, 

if any. 

(2) Preventive requirements. To prevent these 

deceptive acts or practices, as well as the unfair 

or deceptive acts or practices defined in §§ 

453.4(b)(l) and 453.5(2), funeral providers must: 

(i) Not represent that a deceased person is 

required to be embalmed for: 

(A) Direct cremalion; 

(B) Immediate burial; or 

(C) A closed casket funeral without 

viewing or visitation when refrigeration is 

available and when state or local Jaw does 

not require embahning; and 

(ii) Place the following disclosure on the 

general price list, required by§ 453.2(b)(4), in 

immediate conjunction with the price shown 

for embalming: 11Except in certain special 

cases, embalming is not required by law. 

Embalming may be necessary, however, if you 

select certain funeral arrangements, such as a 

funeral with viewing. If you do not want 

embahning, you usually have the right to 

choose an arrangement that does not require 

you to pay for it, such as direct cremation or 

immediate burial.11 The phrase "except in 

certain special cases" need not be included in 

this disclosure if state or local law in the 

area(s) where the provider does business does 

not require embalming under any circumstances. 

(b) Casket for cremation provisions--

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(1) Deceptive acts or practices. In selling or 

offering to sell funeral goods or funeral 

services to the public, it is a deceptive act or 

practice for a funeral provider to: 

(i) Represent that state or local law requires a 

casket for direct cremations; 

(ii) Represent that a casket is required for 

direct cremations. 

(2) Preventive requirements. To prevent these 

deceptive acts or practices, as well as the unfair 

or deceptive acts or practices defined in § 

453.4(a)(l), funeral providers must place the 

following disclosure in immediate conjunction 

with the price range shown for direct 

cremations: 11 lfyou want to arrange a direct 

cremation, you can usc an alternative container. 

Alternative containers encase the body and can 

be made of materials like fiberboard or 

composition materials (with or without an 

outside covering). The containers we provide 

are (specifY containers)." This disclosure only 

has to be placed on the general price list if the 

funeral provider arranges-direct cremations. 

(c) Outer burial container provisions--

(I) Deceptive acts or practices. In selling or 

offering to sell funeral goods and funeral 

services to the public, it is a deceptive act or 

practice for a funeral provider to: 

(i) Represent that state or loca !laws or 

regulations, or particular cemeteries, require 

outer burial containers when such is not the case; 

(ii) Fail to disclose to persons arranging 

funerals that state law does not require the 

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Page 7 

purchase of an outer-burial container. 

(2) Preventive requirement. To prevent tl1ese 

deceptive acts or practices, funeral providers 

must place the following disclosure on the 

outer burial container price list, required by § 

453.2(b )(3)(i), or, if the prices of outer burial 

containers are listed on the general price list, 

required by§ 453.2(b)(4), in immediate 

conjunction with those prices: "In most areas 

of tbe country, state or local law does not 

require that you buy a container to surround the 

casket in the grave. However, many cemeteries 

require that you have such a container so that 

the grave will not sink in. Either a grave liner 

· or a burial vault will satisfY these 

requirements." The phrase ·~m most areas ofthe 

country" need not be included in this disclosure 

if state or local law in the area(s) where the 

provider does business does not require a 

container to surround the casket in the grave. 

(d) General provisions on legal and cemetery 

requirements--

(I) Deceptive acts or practices. In selling or 

offering to sell funeral goods or funeral 

services to the public, it is a deceptive act or 

practice for funeral providers to represent that 

federal, state, or local laws, or particular 

cemeteries or crematories, require the purchase 

of any funeral goods or funeral services when 

such is not the case. 

(2) Preventive requirements. To prevent these 

deceptive acts or practices, as well as the 

deceptive acts or practices identified in §§ 

453.3(a)(I), 453.3(b)(l), and 453.3(c)(l), 

funeral providers must identifY and briefly 

describe in writing on the statement of funeral 

goods and services selected (required by § 

453.2(b)(5)) any legal, cemetery, or crematory 

requirement which the funeral provider 

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represents to persons as compelling the 

purchase of funeral goods or funeral servkes 

for the funeral which that person is arranging. 

(e) Provisions on preservative and protective 

value claims. In selling or offering to sell funeral 

goods or funeral services to the public, it is a 

deceptive act or practice for a funeral provider to: 

(I) Represent that funeral goods or funeral 

services will delay the natural decomposition 

of human remains for a long-tenn or indefmite 

time; 

(2) Represent that funeral goods have 

protective features or will protect the body 

from gravesite substances, when such is not the 

case. 

(f) Cash advance provisions--

(I) Deceptive acts or practices. In selling or 

offering to sell funeral goods or funeral 

services to the public, it is a deceptive act or 

practice for a funeral provider to: 

(i) Represent that the price charged for a cash 

advance item is the same as the cost to the 

funeral provider for the item when such is not 

the case; 

(ii) Fail to disclose to persons arranging 

funerals that the price being charged for a cash 

advance item is not the same ·as the cost to the 

funeral provider for the item when such is the 

case. 

(2) Preventive requirements. To prevent these 

deceptive acts or practices, funeral providers 

must place the fo11owing sentence in the 

itemized statement of funeral goods and 

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Page 8 

services selected, in immediate conjunction 

with the list of itemized cash advance items 

required by§ 453.2(b)(5)(i)(B): "We charge 

you for our services in obtaining: (specify cash 

advance items)," if the funeral provider makes 

a charge upon, or receives and retains a rebate, 

commission or trade or volume discount upon a 

cash advance item. 

§ 453.4 Required purchase of funeral goods or 

funeral services. 

(a) Casket for cremation provisions--

(I) Unfair or deceptive acts or practices. In 

selling or offering to sell 1\meral goods or 

funeral services to the public, it is an unfair or 

deceptive act or practice for a funeral provider, 

or a crematory, to require that a casket be 

purchased for direct cremation. 

(2) Preventive requirement. To prevent this 

unfair or deceptive act or practice, funeral 

providers must make an alternative container 

· available for direct cremations, if they arrange 

direct cremations. 

(b) Other required purchases of funeral goods or 

funeral services--

(I) Unfair or deceptive acts or practices. In 

selling or offering to sell funeral goods or 

funeral services, it is an unfair or deceptive act 

or practice for a funeral provider to: 

(i) Condition the furnishing of any funeral 

good or funeral service to a person arranging a 

funeral upon the purchase of any other funeral 

good or funeral service, except as required by 

law or as otherwise permitted by this part; 

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(ii) Charge any fee as a condition to furnishing 

any funeral goods or funeral services to a 

person arranging a funeral, other than the fees 

for: (I) Services of funeral director and staff, 

permitted by§ 453.2(b)(4)(iii)(C); (2) other 

funeral services and funeral goods selected by 

the purchaser; and (3) other funeral goods or 

services required to be purchased, as explained 

on the itemized statement in accordance with § 

453.3(d)(2). 

(2) Preventive requirements. 

(i) To prevent these unfair or deceptive acts or 

practices, funeral providers must: 

(A) Place the following disclosure in the 

general price list, immediately above the 

prices required by§ 453.2(b)(4) (ii) and 

(iii): "The goods and services shown below 

are those we can provide to our customers. 

You may choose only the items you desire. 

If legal or other requirements mean you 

must buy any items you did not 

specifically ask for, we will explain the 

reason in writing on the statement we 

provide describing the funeral goods and 

services you selected." Provided, however, 

that if the charge for 1'services of funeral 

director and staff' cannot be declined by 

the purchaser, the statement shall include 

the sentence: 1'However, any funeral 

arrangements you select will include a 

charge for our basic services" between the 

second and third sentences of the statement 

specified above herein. The statement may 

include the phrase "and overhead, after the 

word ''services" if the fee includes a 

charge for the recovery of unallocated 

funeral provider overhead; 

(B) Place the following disclosure in the 

statement of funeral goods and services 

Page I 0 of II 

Page9 

selected, required by§ 453.2(b)(5)(i): 

"Charges are only for those items that you 

selected or that are required. If we are 

required by law or by a cemetery or 

crematory to use any items, we will 

explain the reasons in writing below." 

(ii) A funeral provider shall not violate this 

section by failing to comply with a request for 

a combination of goods or services which 

would be impossible, impractical, or 

excessively burdensome to provide. 

§ 453.5 Services provided without prior approval. 

(a) Unfair or deceptive acts or practices. In 

selling or offering to sell funeral goods or funeral 

services to the public, it is an unfair or deceptive 

act or practice for any provider to embalm a 

deceased human body for a fee unless: 

(I) State or local law or regulation requires 

embalming in the particular circumstances 

regardless of any funeral choice which the 

family might make; or 

(2) Prior approval for embalming (expressly so 

described) has been obtained from a family 

member or other authorized person; or 

(3) The funeral provider is unable to contact a 

family member or other authorized person after 

exercising due diligence, has no reason to 

believe the family does not want embalming 

perf01med, and obtains subsequent approval for 

embalming already performed (expressly so 

described). In seeking approval, the funeral 

provider must disclose that a fee will be 

charged if the family selects a funeral which 

requires embalming, such as a funeral with 

viewing, and that no fee will be charged if the 

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family selects a service which does not require 

embalming, such as direct cremation or 

immediate burial. 

(b) Preventive requirement. To prevent these 

unfair or deceptive acts or practices, funeral 

providers must include on the itemized statement 

of funeral goods and services selected, required 

by§ 453.2(b)(5), the statement: "If you selected a 

funeral that may require embalming, such as a 

funeral with viewing, you may have to pay for 

embalming. You do not have to pay for · 

embalming you did not approve if you selected 

arrangements such as a direct cremation or 

immediate burial.lfwe charged for embalming, 

we will explain why below." 

§ 453.6 Retention of documents. 

To prevent the unfair or deceptive acts or 

practices specified in§§ 453.2 and 453.3 of this 

rule, funeral providers must retain and make 

available for inspection by Commission officials 

tme and accurate copies of the price lists 

specified in §§ 453.2(b)(2) through (4), as 

applicable, for at least one year after the date of 

their last distribution to customers, and a copy of 

each statement of funeral goods and services 

selected, as required by§ 453.2(b)(5), for at least 

one year from the date of the arrangements 

conference. 

§ 453,7 Comprehension of disclosures, 

To prevent the unfair or deceptive acts or 

practices specified in §§ 453.2 through 453.5, 

funeral providers must make all disclosures 

required by those sections in a clear and 

conspicuous manner. Providers shall not include 

in the casket, outer burial container, and general 

price lists, required by§§ 453.2(b)(2)-{4), any 

statement or infonnation that alters or contradicts 

the information required by this part to be 

Page II of II 

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included in those lists. 

§ 453.8 Declaration of intent. 

(a) Except as otherwise provided in § 453.2(a), it 

is a violation of this rule to engage in any unfair 

or deceptive acts or practices specified in this 

rule, or to fail to comply with any ofthe 

preventive requirements specified in this rule; 

(b) The provisions of this rule are separate and 

severable from one another. If any provision is 

detetmined to be invctlid, it is the Commission's 

intention that the remaining provisions shall 

continue in effect. 

(c) This rule shall not apply to the business of 

insurance or to acts in the conduct thereof. 

§ 453.9 State exemptions. 

If, upon application to the Commission by an 

appropriate state agency, the Commission 

detennines that: 

(a) There is a state requirement in effect which 

applies to any transaction to which this rule 

applies; and 

(b) That state requirement affords an overall level 

of protection to consumers which is as great as, 

or greater than, the protection afforded by this 

rule; then the Commission's rule will not be in 

effect in that state to the extent specified by the 

Commission in its detennination. for as long as 

the State administers and enforces effectively the 

state requirement. 

END OF DOCUMENT 

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