New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 201 - Cemetery Operations › Section 201.19 - Disposition of Cremains at Pet Cemeteries

Current through Register Vol. 46, No. 28, July 10, 2024
The owner of private property on which a pet cemetery
				  licensed pursuant to General Business Law article 35-C is located and operated,
				  and the operator of such pet cemetery may permit the disposition of cremains,
				  as defined in N-PCL section 1502(i), in such pet cemetery without acting as a
				  cemetery and without violating N-PCL article 15 and 19 NYCRR Parts 200 and 201
				  if:
(a) neither the property owner nor
				the pet cemetery identifies, advertises, or otherwise promotes the pet cemetery
				or the property as a place for disposition of cremains;
(b) neither the property owner nor the pet
				cemetery solicits, encourages or entices customers of the pet cemetery to
				dispose of cremains in the pet cemetery;
(c)neither the property owner nor the pet
				cemetery charges a fee in relation to the disposition of cremains;
(d) customers seeking to dispose of cremains
				in the pet cemetery are charged the same amounts for lots and for the
				disposition of pet remains as are charged to customers who do not seek to
				dispose of cremains in the pet cemetery;
(e) the pet cemetery provides the following
				printed notice:
(1) when a customer inquires
				about disposing of cremains in the pet cemetery, but before the customer
				commits to purchasing a lot with the right to dispose of cremains; and
(2) when a person with custody or
				control over cremains makes arrangements for the disposition of the cremains at
				the pet cemetery, but before such arrangements are finalized. The printed
				notice must be in 14 point bold font and must be contained in a document
				separate from all other forms and documents provided to the customer or the
				person making arrangements:
"This property is not a cemetery for human cremains.
Cremains disposed of on this property WILL NOT be covered by
				  the protections and legal rights granted by New York State Law to cremains
				  disposed of in a cemetery.
The family and descendants of the deceased WILL NOT be
				  covered by the protections and legal rights granted by New York State Law to
				  the family and descendants of deceased persons whose cremains are disposed of
				  in a cemetery such as mandatory records of burials, rights of memorialization
				  and restrictions on removals.
There is NO ASSURANCE under New York State Law that this
				  property will be maintained in its current condition and for its current
				  purpose.
There is NO ASSURANCE under New York State Law that this
				  property will not be sold or transferred to another owner, or that access to
				  this property will remain open to you, the family or the descendants of the
				  deceased.
There is NO ASSURANCE under New York State Law that any
				  burial plots or memorials for cremains on this property will be maintained or
				  preserved for any period of time.
There is NO ASSURANCE under New York State Law that any
				  cremains disposed of on this property will remain for any period of time in the
				  location they were disposed, or on this property at all."