Section 1517. Crematory operations

Cemetery   corporations  that  operate  a  crematory  shall  have  the
  following duties and obligations:
    (a) Maintenance  and  privacy.  (1)  A  crematory  facility  shall  be
  maintained  in  a  clean,  orderly,  and  sanitary manner, with adequate
  ventilation and shall have a temporary storage area available  to  store
  the  remains  of deceased human beings pending disposition by cremation,
  the interior of which shall not be accessible to the general public.
    (2)  Entrances  and  windows  of  the  crematory  facility  shall   be
  maintained  at all times to secure privacy, including (i) doors shall be
  tightly closed and rigid; (ii)  windows  shall  be  covered;  and  (iii)
  entrances  shall  be  locked  and  secured when not actively attended by
  authorized crematory personnel.
    (b) Cremation process. (1) The cremation process shall be conducted in
  privacy. No person except authorized persons shall be admitted into  the
  retort  area,  holding facility, or the temporary storage facility while
  the remains of deceased human  beings  are  being  cremated.  Authorized
  persons,  on  admittance,  shall  comply with all rules of the crematory
  corporation and not infringe upon the privacy of the remains of deceased
  human beings.
    (2) The following are authorized  persons:  (i)  licensed,  registered
  funeral  directors,  registered  residents,  and  enrolled  students  of
  mortuary  science;  (ii)  officers  and   trustees   of   the   cemetery
  corporation;  (iii)  authorized  employees or their authorized agents of
  the cemetery corporation; (iv) public officers acting in  the  discharge
  of  their  duties;  (v)  authorized  instructors  of  funeral  directing
  schools; (vi) licensed physicians or nurses; and (vii)  members  of  the
  immediate  family  of  the  deceased  and  their  authorized  agents and
  designated representatives.
    (c) Identification of deceased human beings. (1)  No  crematory  shall
  cremate the remains of any deceased human being without the accompanying
  cremation permit, required pursuant to section four thousand one hundred
  forty-five  of  the  public  health  law  which  permit shall constitute
  presumptive evidence of the identity of the said remains.  In  addition,
  all  crematories situated outside the city of New York, must comply with
  paragraph (b) of subdivision two of section four  thousand  one  hundred
  forty-five  of  the  public health law pertaining to the receipt for the
  deceased human being. From the time of such delivery to  the  crematory,
  until  the  time  the  crematory  delivers the cremains as directed, the
  crematory shall be responsible for the remains  of  the  deceased  human
  being. Further, a cremation authorization form must accompany the permit
  required  in  section four thousand one hundred forty-five of the public
  health law. This form, provided or approved by the  crematory,  must  be
  signed  by  the  next  of  kin  or  authorizing  agent  attesting to the
  permission for the cremation of the  deceased,  and  disclosing  to  the
  crematory that such body does not contain a battery, battery pack, power
  cell, radioactive implant, or radioactive device, if any, and that these
  materials were removed prior to the cremation process.
    (2)  Upon  good  cause  being  shown  rebutting the presumption of the
  identity of  such  remains,  the  cremation  shall  not  commence  until
  reasonable  confirmation  of the identity of the deceased human being is
  made. This proof may be in the form of, but not  limited  to,  a  signed
  affidavit  from  a  licensed  physician,  a  member of the family of the
  deceased human being, the authorizing agent or a court  order  from  the
  state  supreme court within the county of the cemetery corporation. Such
  proof shall be provided by the authorizing agent.
    (3) The crematory shall  have  a  written  plan  to  assure  that  the
  identification  established  by  the  cremation  permit  accompanies the

  remains of the deceased human being through the  cremation  process  and
  until  the  identity of the deceased is accurately and legibly inscribed
  on the container in which the cremains are placed.
    (d)  Opening  of  container  holding the remains of the deceased human
  being. (1) The casket,  alternative  container,  or  external  wrappings
  holding  the  remains  of  the  deceased human being shall not be opened
  after delivery to the  crematory  unless  there  exists  good  cause  to
  confirm  the  identity of the deceased, or to assure that no material is
  enclosed which might cause injury to employees or  damage  to  crematory
  property,  or  upon reasonable demand by members of the immediate family
  or the authorized agent.
    (2) In such instances in which the casket, alternative  container,  or
  wrappings  are opened after delivery to the crematory, such action shall
  only be  conducted  by  the  licensed  funeral  director  or  registered
  resident  delivering  the  remains  of  the  deceased human being and if
  necessary, with the assistance of crematory personnel and a record shall
  be made, which shall include the reason for such action,  the  signature
  of  the  person  authorizing  the  opening thereof, and the names of the
  person opening the container and the witness  thereto,  which  shall  be
  retained  in  the  permanent  file  of the crematory. The opening of the
  container shall be conducted in the presence of the  witness  and  shall
  comply with all rules and regulations intended to protect the health and
  safety of crematory personnel.
    (e)  Ceremonial  casket  cremation  disclosure.  In those instances in
  which the remains of deceased human beings are  to  be  delivered  to  a
  crematory  in  a  casket  that  is not to be cremated with the deceased,
  timely disclosure thereof must be made by the person making the  funeral
  arrangements to the crematory that prior to cremation the remains of the
  deceased  human  being shall be transferred to an alternative container.
  Such signed acknowledgement of the authorizing person, that  the  timely
  disclosure  has  been  made,  shall  be retained by the crematory in its
  permanent records.
    (f) Transferring remains. (1) The remains of a  deceased  human  being
  shall not be removed from the casket, alternative container, or external
  wrappings  in  which  it  is delivered to the crematory unless explicit,
  signed  authorization  is  provided  by  the   person   making   funeral
  arrangements  or  by  a  public officer discharging his or her statutory
  duty, which signed authorization shall be retained by the  crematory  in
  its permanent records.
    (2)  When  the remains of a deceased human being are to be transferred
  to an alternative container, the transfer shall be conducted in  privacy
  with  dignity  and  respect  and  by  the  licensed  funeral director or
  registered resident who delivered those remains and if  necessary,  with
  the  assistance of crematory personnel. The transferring operation shall
  comply with all rules and regulations intended to protect the health and
  safety of crematory personnel.
    (g) Commingling human remains. The cremation of remains of  more  than
  one deceased human being in a retort at any one time is unlawful, except
  upon  the  explicit, signed authorization provided by the persons making
  funeral arrangements and the signed approval  of  the  crematory,  which
  shall be retained by the crematory in its permanent records.
    (h)  Processing  of cremains. (1) Upon the completion of the cremation
  of the remains of a deceased human being, the  interior  of  the  retort
  shall  be thoroughly swept so as to render the retort reasonably free of
  all matter. The contents thereof shall  be  placed  into  an  individual
  container  and  not commingled with other cremains. The cremation permit
  shall be attached to  the  individual  container  preparatory  to  final
  processing.

    (2) A magnet and sieve, or other appropriate method of separation, may
  be used to divide the cremains from unrecognizable incidental or foreign
  material.
    (3) The incidental and foreign material of the cremation process shall
  be  disposed  of  in a safe manner in compliance with all sanitary rules
  and regulations as byproducts.
    (4) The cremains shall be  pulverized  until  no  single  fragment  is
  recognizable as skeletal tissue.
    (5)  The  pulverized  cremains  shall  be  transferred  to  a sealable
  container or containers whose inside dimension shall be of suitable size
  to contain the entire cremains of the person who was cremated.
    (6)  The  prescribed  sealable  container  or  containers   shall   be
  accurately  and  legibly  labeled  with  the identification of the human
  being whose cremains are contained therein, in a  manner  acceptable  to
  the division of cemeteries.
    (i)   Disposition   of   cremains.  The  authorizing  agent  shall  be
  responsible for the final disposition of the cremains. Cremains must  be
  disposed  of  by placing them in a grave, crypt, or niche, by scattering
  them in a designated  scattering  garden  or  area,  or  in  any  manner
  whatever on the private property of a consenting owner or by delivery to
  the  authorizing  agent  or  a  person  specifically  designated  by the
  authorizing agent. Upon completion of  the  cremation  process,  if  the
  cemetery  corporation  has  not  been  instructed  to  arrange  for  the
  interment, entombment, inurnment or  scattering  of  the  cremains,  the
  cemetery  corporation  shall  deliver  the  cremains  to  the individual
  specified on the cremation authorization form or  the  funeral  firm  of
  record.  The  delivery may be made in person or by registered mail. Upon
  receipt of the cremains, the individual  receiving  them  may  transport
  them  in  any  manner  in the state without a permit, and may dispose of
  them in accordance with  this  section.  After  delivery,  the  cemetery
  corporation  shall  be discharged from any legal obligation or liability
  concerning the cremains. If, after a period of one hundred  twenty  days
  from the date of the cremation, the authorizing agent has not instructed
  the  cemetery  corporation  to  arrange for the final disposition of the
  cremains or claimed the cremains, the cemetery corporation  may  dispose
  of  the  cremains  in any manner permitted by this section. The cemetery
  corporation, however, shall keep a permanent record identifying the site
  of final disposition. The authorizing agent  shall  be  responsible  for
  reimbursing   the  cemetery  corporation  for  all  reasonable  expenses
  incurred in disposing of the cremains. Upon disposing of  the  cremains,
  the  cemetery  corporation shall be discharged from any legal obligation
  or liability concerning the cremains. Except with  the  express  written
  permission of the authorizing agent, no person shall:
    (1)  dispose  of  cremains  in  a  manner or in a location so that the
  cremains are commingled with those of another person.  This  prohibition
  shall  not  apply to the scattering of cremains at sea, by air, or in an
  area located in a cemetery and used exclusively for those purposes; and
    (2) place cremains of more than  one  person  in  the  same  temporary
  container or urn.
    (j)  Crematory  operation  certification.  Any employee of a crematory
  whose function is to conduct  the  daily  operations  of  the  cremation
  process  shall  be certified by an organization approved by the division
  of cemeteries. Proof  of  such  certification  must  be  posted  in  the
  crematory and available for inspection at any time. Any new employees of
  a  crematory  required  to  be  certified  under  this  section shall be
  certified within one year  of  their  employment.  Any  employees  of  a
  crematory required to be certified under this section and retained prior
  to  the  effective  date of this paragraph shall be certified within one

  year of such effective date. Renewal  of  such  certification  shall  be
  completed every five years from the date of certification.