Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 34 - OFFICE OF CEMETERY OVERSIGHT › Chapter 09.34.05 - Crematories - Definitions › Section 09.34.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In COMAR
				09.34.06, COMAR 09.34.07, COMAR 09.34.08, and COMAR 09.34.09, the following
				terms have the meanings indicated.
B. Terms Defined.
(1) "Advertisement" means the publication,
				dissemination, or circulation of any oral or written matter, including
				labeling, which directly or indirectly calls to the attention of the public the
				goods or services one has to offer.
(2) "Authorizing agent" means an individual
				legally entitled to order the cremation of human remains or legally authorized
				to control the final disposition of human remains.
(3) "Board" means the Board of Morticians and
				Funeral Directors.
(4) Consumer.
(a) "Consumer" means an actual or prospective
				purchaser of consumer services, consumer goods, or consumer credit.
(b) "Consumer" includes an individual
				directed by the consumer, or properly acting on behalf of a deceased consumer,
				to inquire about the cost or purchase of cremation services or cremation
				related goods, or to act on behalf of the consumer.
(5) "Cremated human remains" means all human
				remains recovered after completion of cremation and the use of pulverizing
				equipment.
(6) "Cremation" means
				the process of reducing human remains to bone fragments through intense heat
				and evaporation, including any mechanical or thermal process and may include
				pulverization.
(7) "Cremation
				container" means a readily combustible, rigid container in which human remains
				are sent to the crematory and then placed in the cremation chamber for
				cremation.
(8) "Cremator" means the
				machinery within which the process of cremation of human remains
				begins.
(9) "Crematory" means a
				building, portion or a building, or structure that houses the necessary
				appliances and facilities for cremation.
(10) "Crematory authority" means a legal
				entity or sole proprietor that has been issued a permit by the Office of
				Cemetery Oversight to operate as a crematory and perform cremations.
(11) "Embalming" means the disinfection or
				preserving of human remains by arterial or cavity injection or any other type
				of preservation.
(12) "Engage in
				the operation of a crematory" means controlling or managing a
				crematory.
(13) "Holding facility"
				means an area, within or adjacent to a crematory, designed for the retention of
				human remains before cremation.
(14) "Human remains" means the body of a
				deceased person, or part of a body or limb that has been removed from a living
				person.
(15) "Office" means the
				Office of Cemetery Oversight.
(16)
				"Permit" means a permit issued by the Office to allow a person to operate a
				business which engages in the operation of a crematory or to act as a
				registered crematory operator.
(17)
				"Permit holder" means the holder of a permit under Business Regulation Article,
				Title 5, Annotated Code of Maryland, to engage in the operation of a crematory
				or to act as a registered crematory operator.
(18) "Person" means an individual, receiver,
				trustee, corporation, limited liability company, or partnership.
(19) "Processed human remains" means the end
				result of pulverization of cremated human remains, where the residue from the
				cremation process is cleaned leaving only bone fragments reduced to 5
				millimeters or less.
(20)
				"Registered crematory operator" means an individual registered to operate a
				crematory as a sole proprietor or on behalf of a sole proprietor or permit
				holder.
(21) "Responsible party"
				means a sole proprietor or the individual designated by a corporation, limited
				liability company, or partnership, which holds a permit to engage in the
				operation of a crematory, to be responsible for the operations of the
				crematory.
(22) "Sealable
				container" means any container in which processed human remains can be placed
				and sealed so as to prevent leakage of the processed human remains or the entry
				of any foreign material.