reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Requirements for Burials › Section 8113.6.

8113.6. Notwithstanding any other provision of law, any cemetery that violates any of the requirements of this chapter shall be subject to disciplinary action by the Cemetery and Funeral Bureau.
(Amended by Stats. 2000, Ch. 568, Sec. 244. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 3.5 - Requirements for Burials › Section 8113.7.

8113.7. Notwithstanding any other provision of law, the statute of limitations for any individual’s criminal violation of Section 8113.5 shall begin to run at the time the violation is discovered.
(Added by Stats. 1996, Ch. 371, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4 - Local Regulation of Cemeteries › Section 8115.

8115. The governing body of any city or county, in the exercise of its police power, may by ordinance prescribe such standards governing burial, inurnment, and entombment and such standards of maintenance for cemeteries, including mausoleums and columbariums, as it shall determine to be reasonably necessary to protect the public health or safety, assure decent and respectful treatment of human remains, or prevent offensive deterioration of cemetery grounds, structures, and places of interment. Such standards may be made applicable to every public and private cemetery within the city or county.
Nothing in this section supersedes any provision of this division or Division 7 (commencing with Section 7000) or authorizes the adoption of local standards in conflict with such provisions, except that city or county ordinances adopted pursuant to this section shall prevail over the rules and regulations of any private or public cemetery to the extent of any conflict.
(Added by Stats. 1976, Ch. 525.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4.5 - Maintenance of Cemetery Grounds › Section 8117.

8117. Hose bibs are approved for use at cemeteries supplied with disinfected tertiary treated recycled water.
(Added by Stats. 2013, Ch. 635, Sec. 3. (AB 803) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 4.5 - Maintenance of Cemetery Grounds › Section 8118.

8118. A cemetery supplied with disinfected tertiary treated recycled water that installs a hose bib in an area subject to access by the general public shall post signage and labeling visible to the general public that the water is nonpotable. The signage and labeling shall be regularly inspected by the water purveyor, as defined in Section 512 of the Water Code, to ensure that the general public has proper notice of this fact.
(Added by Stats. 2013, Ch. 635, Sec. 3. (AB 803) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 5 - Change In Use › Section 8120.

8120. (a)  On or after January 1, 1990, the cemetery authority shall provide written notice to each person who purchases or agrees to purchase interment rights in the cemetery of that person’s ability to receive notice, pursuant to Section 65096 of the Government Code, of a proposed change in the use of the cemetery for other than cemetery purposes. Irrespective of any other provisions of the law, this section refers to all cemeteries in the State of California.
(b)  The written notice shall be substantially as follows:
“State law gives you the right to know about future plans to use this cemetery for any other purpose. If you want to receive information about a future change, you must contact the local planning office and pay a small fee.”
(Added by Stats. 1988, Ch. 1440, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Veteran s Commemorative Property › Section 8122.

8122. For purposes of this chapter, the following definitions shall apply:
(a) “Veteran” means a living or deceased person who meets all of the following conditions:
(1) Either served in the active military or naval service of the United States during a war in which the United States was engaged, or served in active duty in a force of any organized state militia, not including the inactive National Guard and not including the California National Guard when in an inactive, full-time status.
(2) Was released from the service otherwise than by dishonorable discharge or was furloughed to the reserve.
(b) “Veteran’s commemorative property” means any monument, headstone, marker, memorial, plaque, statue, vase, urn, flagholder, badge, or shield that meets all of the following conditions:
(1) Identifies or commemorates any veteran or group of veterans, including, but not limited to, any veterans’ organization or any military unit, company, battalion, or division.
(2) Is located in any cemetery.
(Added by Stats. 2012, Ch. 774, Sec. 1. (AB 1225) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 1 - GENERAL PROVISIONS › CHAPTER 6 - Veteran s Commemorative Property › Section 8124.

8124. Nothing in this chapter shall be interpreted to prohibit a cemetery corporation or funeral establishment from selling new veteran’s commemorative property on either an at-need or pre-need basis.
(Added by Stats. 2012, Ch. 774, Sec. 1. (AB 1225) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8125.

8125. Incorporated cities, and for unincorporated towns the supervisors of the county, may survey, lay out, and dedicate for burial purposes not exceeding five acres of public lands situated in or near the city or town. The survey, description, and a certified copy of the order made constituting the land a cemetery shall be recorded in the recorder’s office of the county in which it is located.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8125.5.

8125.5. The City of Simi Valley may survey, lay out, dedicate, own, and operate for burial purposes, or may purchase, or receive by gift or donation, five acres or more of public lands to be used as a public cemetery.
(Added by Stats. 2008, Ch. 126, Sec. 1. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8126.

8126. The title to lands situated in or near any city and used by the inhabitants without interruption as a cemetery for five years is vested in the inhabitants of the city and the lands shall not be used except as a public cemetery.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8127.

8127. The inhabitants of any city may by subscription or otherwise purchase or receive by gift or donation, lands not exceeding five acres to be used as a cemetery, the title to be vested in the inhabitants, which lands when once dedicated to use for burial purposes, shall not thereafter be used for any other purpose.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8128.

8128. The governing body having control of a public cemetery shall require a register of name, age, birthplace, date of death, and burial of every body interred therein, to be kept by the sexton or other officer. The register shall be open to public inspection.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8129.

8129. The public cemeteries of cities, towns, or neighborhoods or of fraternal or beneficial associations or societies shall be inclosed and laid off into plots.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8130.

8130. The general management, conduct, and regulation of burials, the disposition of plots, and keeping the plots in order, are under the jurisdiction and control of the city owning the cemetery.
(Amended by Stats. 1939, Ch. 339.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8131.

8131. If not owned by a city or by a fraternal or beneficial association or society, public cemeteries are under the jurisdiction and control of the board of supervisors of the county in which they are situated.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8132.

8132. Public cemeteries of fraternal or beneficial associations or societies are under the jurisdiction of and controlled and managed by the associations or societies or by trustees appointed by them.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8133.

8133. The authorities having jurisdiction and control of cemeteries may make and enforce general rules and regulations, and appoint sextons or other officers to enforce obedience to the rules and regulations, with such powers and duties regarding the cemetery as may be necessary.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8134.

8134. No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or city and county where burials in the cemetery have been had within five years prior thereto, without the consent of the person owning and controlling the cemetery.
(Added by Stats. 1953, Ch. 83.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8135.

8135. Notwithstanding any other provision of law, the Department of Water Resources may sell plots in any cemetery which is owned by the department on a nonendowment care basis to a relative of the third degree or less of any person buried in such cemetery.
(Added by Stats. 1968, Ch. 816.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8136.

8136. Any city, including a chartered city, that owns and operates a cemetery may maintain a proceeding in the superior court of the county in which the cemetery is located to have any plot in the cemetery declared abandoned if the present owner of the plot is unknown to the city and a period of at least 50 years has passed since any portion of the plot has been used for interment purposes. The proceeding shall be initiated and conducted in the same manner as prescribed by Section 9069, except that any reference in that section to a public cemetery district shall be deemed to be a reference to the city for purposes of this section.
(Amended by Stats. 2003, Ch. 57, Sec. 3.5. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 2 - PUBLIC CEMETERIES › CHAPTER 1 - General Provisions › Section 8137.

8137. A cemetery owned and operated by a city, county, or city and county shall not engage in the business of selling monuments or markers, and its officers and employees who manage, operate, or otherwise maintain such cemetery on a day-to-day basis shall not engage in the private business of selling monuments or markers.
(Added by Stats. 1980, Ch. 161.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 1 - General Provisions › Section 8250.

8250. 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.
(Amended by Stats. 1972, Ch. 1269.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 1 - General Provisions › Section 8250.5.

8250.5. 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.
(Added by Stats. 1953, Ch. 386.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 1 - General Provisions › Section 8251.

8251. 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.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 1 - General Provisions › Section 8252.

8252. 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 purposes.
(Amended by Stats. 2008, Ch. 114, Sec. 4. Effective January 1, 2009.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 1 - General Provisions › Section 8253.

8253. 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.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 1 - General Provisions › Section 8275.

8275. Any private corporation authorized by its articles so to do, may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the businesses of a cemetery, either for or without profit to its members or stockholders.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 1 - General Provisions › Section 8276.

8276. Charges made by a cemetery authority for foundations, for setting of or permitting the setting of, or for endowment care of, grave markers or monuments, shall be uniform whether the marker or monument sale was made by the cemetery authority or by another person, firm, or corporation. The amount charged for the marker or monument, the foundation, the setting, permitting the setting and the deposit for endowment care, shall be separately stated, in the contract of sale, when applicable.
(Added by Stats. 1961, Ch. 711.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 1 - General Provisions › Section 8277.

8277. Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesperson, which provides for the sale by the cemetery authority of an interment plot or any service or merchandise, shall be in writing and shall contain all of the agreements of the parties. The contract shall include and disclose the following:
(a)  The total contract price.
(b)  Terms of payment, including any promissory notes or other evidences of indebtedness.
(c)  An itemized statement of charges including, as applicable, the following:
(1)  Charges for an interment plot.
(2)  Charges for performing burial, entombment, or inurnment.
(3)  Charges for a monument or marker.
(4)  Charges for any services to be rendered in connection with any religious or other observance at the site of interment or in any facility maintained by the cemetery.
(5)  Amounts to be deposited in any endowment care or special care fund.
(6)  Charges for any insurance to be provided in connection with the contract.
(7)  Any other charges, which shall be particularized.
(8)  Space and location sold.
(Amended by Stats. 2003, Ch. 874, Sec. 35. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 1 - General Provisions › Section 8278.

8278. In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery broker, salesman, or authority for the provision of an interment plot or any service or merchandise, may cancel such contract without payment of a revocation fee or other penalty, within five calendar days after the purchaser signs it, by giving written notice of cancellation to the seller at the address specified in the contract. The notice need not be in any particular form, but shall indicate the purchaser’s intent not to be bound by the contract. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid.
Every such contract shall contain in immediate proximity to the space reserved for the purchaser’s signature, in a size equal to at least 10-point bold type, the following statement: “You, the purchaser, may cancel this transaction at any time prior to midnight of the fifth calendar day after the date of this transaction, provided no interment or substantial service or merchandise has been provided hereunder. To cancel, deliver or mail written notice of your intent to (name and address of cemetery authority or cemetery broker).”
Upon receipt of a valid notice of cancellation pursuant to this section, the cemetery authority or broker having custody of any money or property paid or transmitted by the purchaser on account of the preneed interment contract shall return such money or property to the purchaser. The cemetery authority or broker shall promptly notify the trustee if any such money or property has been transmitted thereto prior to receipt of the notice of cancellation. It shall be unlawful for any person to retain money or property received from a purchaser under such contract more than five business days after receiving or being apprised of a valid notice of cancellation.
Notwithstanding other provisions of this section, the right of cancellation granted hereby shall not be applicable if an interment has been made, or substantial services or merchandise provided, under the terms of the contract. This section shall supersede existing provisions of Sections 1689.6 to 1689.11, inclusive, of the Civil Code.
(Added by Stats. 1976, Ch. 729.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 1 - General Provisions › Section 8279.

8279. A cemetery authority shall comply with the Mausoleum and Columbarium Law (Part 5 (commencing with Section 9501)).
(Added by Stats. 1999, Ch. 207, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 2 - Rules and Regulations › Section 8300.

8300. (a)  A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction and protection of all or any part of its cemetery and for the other purposes specified in this article.
(b)  The cemetery authority’s power includes, but is not limited to, the following:
(1)  Restricting and limiting the use of all property within its cemetery.
(2)  Regulating the uniformity, class, and kind of all markers, monuments, and other structures within the cemetery and its subdivisions, but shall not require, as a condition to the erection of a marker, monument, or other structure within the cemetery, that the marker, monument, or other structure be purchased from or through the cemetery authority.
(3)  Prohibiting the erection of monuments, markers, or other structures in or upon any portion of the cemetery.
(4)  Regulating or prohibiting monuments, effigies, and structures within any portion of the cemetery and provide for their removal.
(5)  Regulating or preventing the introduction or care of plants or shrubs within the cemetery.
(6)  Preventing interment in any part of the cemetery of human remains not entitled to interment and preventing the use of interment plots for purposes violative of its restrictions or rules and regulations.
(7)  Regulating the conduct of persons and preventing improper assemblages in the cemetery.
(8)  Making and enforcing rules and regulations for all other purposes deemed necessary by the cemetery authority for the proper conduct of the business of the cemetery, for the transfer of any plot or the right of interment, and the protection and safeguarding of the premises, and the principles, plans, and ideals on which the cemetery is conducted.
(Amended by Stats. 2001, Ch. 436, Sec. 25. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 2 - Rules and Regulations › Section 8301.5.

8301.5. (a)  Nothing in Section 8301 shall be construed to permit a cemetery authority to discriminate against any person based upon race or gender regarding the use of any property within the cemetery.
(b)  The Legislature recognizes, however, that although discrimination against persons based upon race or gender is prohibited, there are strong cultural, social, and other proper reasons for people to seek to continue association with certain groups even in death.
(c)  In the same way that a family may purchase contiguous plots to ensure that family members will be buried in close proximity to one another, and in the same way that a religious group may, similarly, establish and operate a cemetery for its members, or that veterans groups may establish and operate cemeteries for veterans, the law recognizes that members of cultural, social, or other groups with strong ties are not precluded from establishing and operating cemeteries for the purpose of furthering their desire to continue to associate after interment.
(d)  The urge to associate even after death also stems from an intense social and cultural need to ensure that people are connected with their past, and also to ensure that the graves and surrounding grounds are kept, tended, adorned, and embellished according to the desires and beliefs of the decedent, family, or group.
(e)  The Legislature also recognizes, that the creation or operation of a cemetery for a particular group by necessity entails some exclusionary aspects. However, the exclusionary aspects are permitted only to the extent that the purpose and effect is to include persons, as set forth in this section, rather than to exclude persons based upon race or gender.
(f)  Although it is, indeed, a difficult task to permit creation and operation of cemeteries that may exclude persons that are not within the social, cultural, or other group while also assuring that the cemetery is not discriminating based upon race or gender, strong public policy compels that we perform the task. To prohibit all association limitations in the creation and operation of cemeteries would certainly ensure that no discrimination based upon race or gender occurred; however, it would be overbroad in that it would preclude activity that is not so motivated and that does not have that effect.
(g)  Therefore, subdivision (a) does not preclude the establishment or operation of cemeteries for the purposes set forth in this section to the extent that, and so long as the purpose and effect is to further a sincere and bona fide association interest, rather than to discriminate against persons on the basis of race or gender.
(h)  Nothing in this section applies to Native American tribal burial grounds or cemeteries that, pursuant to federal law, are not subject to state jurisdiction.
(Added by Stats. 1996, Ch. 769, Sec. 1. Effective January 1, 1997.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 2 - Rules and Regulations › Section 8309.

8309. The rules and regulations shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority or in such place or places within the cemetery as the cemetery authority may prescribe.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 3 - Police Power › Section 8325.

8325. Persons designated by a cemetery authority have the powers of arrest as provided in Section 830.7 of the Penal Code for the purpose of maintaining order, enforcing the rules and regulations of the cemetery association, the laws of the state, and the ordinances of the city or county, within the cemetery over which he has charge, and within such radius as may be necessary to protect the cemetery property.
(Amended by Stats. 1980, Ch. 1340.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 4 - Records › Section 8330.

8330. A record shall be kept of every interment showing the date the human remains were received, the date of interment, the name and age of the person interred, when these particulars can be conveniently obtained, and the plot in which interment was made.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 4 - Records › Section 8331.

8331. A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. Transfer of any plot, heretofore or hereafter made, or any right of interment, shall be complete and effective when recorded on the books of the cemetery authority.
(Amended by Stats. 1982, Ch. 176, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8341.

8341. All cremated remains not disposed of in accordance with this chapter, within one year, shall be interred.
(Amended by Stats. 1993, Ch. 1232, Sec. 27. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8342.

8342. 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.
(Added by Stats. 1971, Ch. 1027.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8343.

8343. 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 completed.
(h)  Disposition of cremated remains.
(i)  Name and address of authorizing agent.
(j)  The identification number assigned to the deceased pursuant to Section 8344.
(k)  A photocopy of the disposition permit filed in connection with the disposition.
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.
(Amended by Stats. 2000, Ch. 568, Sec. 245. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8344.

8344. 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.
(Amended by Stats. 2010, Ch. 415, Sec. 35. (SB 1491) Effective January 1, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8344.5.

8344.5. (a) Except as provided in subdivision (b) or (c), 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) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.
(c) (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) Presidents’ Day.
(ii) Memorial Day.
(iii) Flag Day.
(iv) Independence Day.
(v) Veterans’ Day.
(2) This subdivision does not attempt to restrict or otherwise infringe upon any person’s right to free expression under the First Amendment to the United States Constitution.
(Amended by Stats. 2021, Ch. 118, Sec. 1. (AB 496) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8344.6.

8344.6. (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 cremation chamber.
(5) Time and date that the flag or flags were removed from the cremation chamber.
(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 Bureau.
(Added by Stats. 2013, Ch. 205, Sec. 2. (SB 119) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8345.

8345. 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.
(Added by Stats. 1993, Ch. 1232, Sec. 31. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8345.5.

8345.5. 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 the decedent.
(Added by Stats. 1993, Ch. 1232, Sec. 32. Effective January 1, 1994.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8346.

8346. 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.
(Amended by Stats. 1994, Ch. 570, Sec. 10. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8346.5.

8346.5. 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.
(Amended by Stats. 2000, Ch. 568, Sec. 248. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 5 - Operation of Crematories › Section 8347.

8347. (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 Funeral Bureau.
(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.
(Amended by Stats. 2000, Ch. 568, Sec. 249. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 6 - Contract Limitations › Section 8350.

8350. Unless otherwise limited by the law under which created, cemetery authorities shall in the conduct of their business have the same powers granted by law to corporations in general, including the right to contract such pecuniary obligations within the limitation of general law as may be required, and may secure them by mortgage, deed of trust, or otherwise upon their property.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 6 - Contract Limitations › Section 8351.

8351. All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed or incurred upon property which has been and was at the time of the creation or placing of the lien, dedicated as a cemetery pursuant to this part, or upon property which is afterwards, with the consent of the owner of any mortgage, trust deed, or lien, dedicated to cemetery purposes pursuant to this part, shall not affect or defeat the dedication, but the mortgage, deed of trust or other lien is subject and subordinate to such dedication and any and all sales made upon foreclosure are subject and subordinate to the dedication for cemetery purposes.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 7 - Restrictions on Officers › Section 8360.

8360. No director or officer of any cemetery authority shall directly or indirectly, for himself or as the partner or agent of others, borrow any funds of the corporation or association, nor may he become an indorser or surety for loans to others, nor in any manner be an obligor for money borrowed of or loaned by the corporation or association, nor shall a corporation of which a director or an officer is a stockholder, or in which either of them is in any manner interested, borrow any of the funds of the corporation or association.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 7 - Restrictions on Officers › Section 8361.

8361. The office of any director or officer who acts or permits action contrary to this article immediately thereupon becomes vacant.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 7 - Restrictions on Officers › Section 8362.

8362. Every director or officer authorizing or consenting to a loan, and the person who receives a loan, in violation of this article are severally guilty of a misdemeanor.
(Enacted by Stats. 1939, Ch. 60.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 8 - Hydrolysis Facilities › Section 8370.

8370. All hydrolyzed human remains not disposed of in accordance with this chapter, within one year, shall be interred.
(Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 8 - Hydrolysis Facilities › Section 8372.

8372. A hydrolysis facility shall not make or enforce any rules requiring that human remains be placed in a casket before hydrolysis or that human remains be hydrolyzed in a casket, nor shall a hydrolysis facility refuse to accept human remains for hydrolysis for the reason that they are not in a casket. Every director, officer, agent, or representative of a hydrolysis facility 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, as specified in Section 7006.6.
(Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 8 - Hydrolysis Facilities › Section 8374.

8374. (a) A hydrolysis facility shall maintain on its premises, or other business location within the state, an accurate record of all hydrolyses performed, including all of the following information:
(1) Name of the referring funeral director, if any.
(2) Name of the deceased.
(3) Date of the hydrolysis.
(4) Name of the hydrolysis chamber operator.
(5) Disposition of the hydrolyzed human remains.
(6) Time and date that the body was inserted into the hydrolysis chamber.
(7) Time and date that the body was removed from the hydrolysis chamber.
(8) Time and date that final processing of the hydrolyzed human remains was complete.
(9) Name and address of the authorizing agent.
(10) Identification number assigned to the deceased, pursuant to Section 8376.
(11) A photocopy of the disposition permit filed in connection with the disposition.
(12) Any documentation of compliance with appropriate environmental and safety laws.
(13) Body mass of the deceased, along with temperature, time duration, and pressure at which the hydrolysis was performed.
(b) A hydrolysis facility shall maintain on its premises, or other business location within the state, records of the maintenance performed on the hydrolysis chamber.
(c) Information described in this section shall be maintained for at least 10 years after the hydrolysis is performed and shall be subject to inspection by the Cemetery and Funeral Bureau.
(Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)
2023 California Code › Health and Safety Code - HSC › DIVISION 8 - CEMETERIES › PART 3 - PRIVATE CEMETERIES › CHAPTER 2 - Operation and Management › ARTICLE 8 - Hydrolysis Facilities › Section 8376.

8376. (a) A hydrolysis facility shall maintain an identification system allowing identification of each decedent beginning from the time the hydrolysis facility accepts delivery of human remains until the point at which it releases the hydrolyzed human remains to a third party. After hydrolysis, an identifying disk, tab, or other permanent label shall be placed with the urn or hydrolyzed human remains container before the hydrolyzed human remains are released from the hydrolysis facility. Each identification disk, tab, or label shall contain the license number of the hydrolysis facility and shall have a unique number that shall be recorded on all documents regarding the decedent and in the hydrolysis log. Each hydrolysis facility 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 hydrolyzed human remains container shall not apply to hydrolyzed human remains placed in a keepsake urn pursuant to subdivision (b) of Section 7054.6 if space does not permit.
(b) A hydrolysis facility that fails, when requested by an official of the Cemetery and Funeral 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 hydrolysis facility 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.
(Added by Stats. 2017, Ch. 846, Sec. 69. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, pursuant to Sec. 8382.)