CHAPTER 12. Cemetery and Funeral Act [7600. - 7746.]

Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3.

§§ 7600–7746 · 304 sections

1. ARTICLE 1. Administration §§ 7600–7610.1 · 10 sections

   • § 7600 This chapter of the Business and Professions Code constitutes the chapter on cemetery and funeral law. It may be cited as the Cemetery and Funeral Act.
   • § 7601 The following terms as used in this chapter shall have meanings expressed in this section: (a) “Department” means the Department of Consumer Affairs. (b)…
   • § 7601.1 Protection of the public shall be the highest priority for the Cemetery and Funeral Bureau in exercising its licensing, regulatory, and disciplinary functions.…
   • § 7602 (a) (1) There is in the department the Cemetery and Funeral Bureau, under the supervision and control of the director. (2) The director may appoint a chief at…
   • § 7606 The bureau may establish necessary rules and regulations for the administration and enforcement of this act and the laws subject to its jurisdiction and…
   • § 7607 (a) The bureau may inspect the premises in which the business of a funeral establishment, cemetery, or crematory is conducted, where embalming is practiced, or…
   • § 7608 (a) The Director of Consumer Affairs may employ and appoint all employees necessary to properly administer the work of the bureau, in accordance with civil…
   • § 7609 This chapter does not apply to, or in any way interfere with, the duties of any officer of any public institution or of any duly accredited medical college,…
   • § 7610 All suits or actions commenced in the superior court against the bureau shall be filed and tried either in the County of Sacramento, or in the county of the…
   • § 7610.1 In the enforcement of this act and the laws subject to its jurisdiction, the bureau has all the powers and is subject to all the responsibilities vested in and…
2. ARTICLE 1.5. Definitions and Regulation of Cemeteries §§ 7611–7614.9 · 47 sections

   • § 7611 The definitions in this article govern the meaning of terms used in the act except as otherwise provided expressly or by necessary implication.
   • § 7611.1 “Act” means the Cemetery and Funeral Bureau Act.
   • § 7611.2 A “cemetery broker” is a person who, other than in reference to an occasional sale, sells or offers for sale, buys, or offers to buy, lists, leases or offers…
   • § 7611.3 A “cemetery salesperson” is a natural person who, other than in reference to an occasional sale, is employed by a cemetery broker to sell, or offer for sale,…
   • § 7611.4 (a) A “cemetery manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to,…
   • § 7611.5 A “crematory manager” is a person engaged in or conducting, or holding himself or herself out as engaged in those activities involved in, or incidental to, the…
   • § 7611.6 The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 of the Health and Safety Code are applicable to this act.
   • § 7611.7 “Cemetery licensee” means any cemetery broker, cemetery salesperson, or cemetery manager.
   • § 7611.8 “Crematory licensee” shall mean a corporation, partnership, or natural person licensed pursuant to Article 6.5 (commencing with Section 7712) and shall mean a…
   • § 7611.9 (a) A “cremated remains disposer” is a person who, for their own account or for another, disposes of, or offers to dispose of, cremated human remains or…
   • § 7611.10 “Endowment care” or “endowed care” shall include both general and special care funds.
   • § 7611.12 (a) “Licensed hydrolysis facility” means a corporation, partnership, or natural person licensed pursuant to Article 2.7 (commencing with Section 7639). A…
   • § 7612 An “occasional sale” is a sale of cemetery property not acquired or held for purposes of resale or speculation, provided such sale is not one of a series of…
   • § 7612.1 “Public cemetery” means a cemetery owned and operated by a city, county, city and county, or public cemetery district.
   • § 7612.2 This article does not apply to any of the following: (a) A religious corporation, church, religious society or denomination, a corporation sole administering…
   • § 7612.3 The bureau shall disclose on its Internet Web site, information about each cemetery subject to the jurisdiction of the bureau. In addition to the information…
   • § 7612.4 (a) Notwithstanding Section 8115 of the Health and Safety Code, in order to protect consumers, the bureau shall adopt regulations that establish minimum…
   • § 7612.5 (a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the…
   • § 7612.6 (a) Each cemetery authority shall file with the bureau annually, on or before June 1, or within five months after close of their fiscal year provided approval…
   • § 7612.7 Each cemetery authority requesting a change of filing date of the endowment care fund report from a calendar year to a fiscal year or a change in fiscal year…
   • § 7612.8 The report shall state the name of the trustee or trustees of the endowment care fund. Any change of trustee shall be reported to the bureau within a period of…
   • § 7612.9 A copy of each annual audit report shall be transmitted to the bureau and shall be a public record. It shall also be open for public inspection at the offices…
   • § 7612.10 (a) Any cemetery authority that does not file its report within the time prescribed by Section 7612.6 may be assessed a fine by the bureau in an amount not to…
   • § 7612.11 (a) The bureau shall conduct a study to obtain information to determine if the endowment care fund levels of each licensee’s cemetery are sufficient to cover…
   • § 7612.12 (a) On or before March 1, 2026, the bureau shall convene a workgroup composed of interested stakeholders including, but not limited to, representatives from…
   • § 7613 The bureau shall examine the reports filed with it as to their compliance with the requirements of the Health and Safety Code as to the amount of endowment…
   • § 7613.1 The bureau shall examine the endowment care funds of a cemetery authority: (a) Whenever it deems necessary and at least once every five years. (b) Whenever the…
   • § 7613.2 (a) If any cemetery authority refuses to pay such expenses, the bureau shall refuse it a certificate of authority and shall revoke any existing certificate of…
   • § 7613.3 (a) In making the examination, the bureau: (1) Shall have free access to the books and records relating to the trust funds, their collection and investment,…
   • § 7613.4 (a) Subject to subdivision (b), a limited liability company certificated as a cemetery authority pursuant to Section 7018 of the Health and Safety Code may…
   • § 7613.5 (a) A person licensed under this code as a cemetery broker, cemetery salesperson, cemetery manager, funeral director, embalmer, crematorium licensee, or other…
   • § 7613.6 The bureau may administer oaths and examine under oath any person relative to the endowment care fund. The examination shall be conducted in the principal…
   • § 7613.7 If any examination made by the bureau, or any report filed with it, shows that there has not been collected and deposited in the endowment care funds the…
   • § 7613.8 Whenever the bureau finds, after notice and hearing, that any endowment care funds have been invested in violation of the Health and Safety Code, it shall by…
   • § 7613.9 The superior court of the county in which the principal office of the cemetery authority in charge of endowment care funds is located shall, upon the filing by…
   • § 7613.10 When it has been alleged by verified petition pursuant to Section 7613.1 or when the bureau on its own investigation determines that there is probable cause to…
   • § 7613.11 (a) Notwithstanding Sections 7613.9 and 7613.10, 90 days following the cancellation, surrender, or revocation of a certificate of authority, the bureau shall…
   • § 7614 If any city, county, or city and county exercises its authority to address public health, safety, or welfare issues in connection with a cemetery within its…
   • § 7614.1 Whenever the bureau makes any seizure as provided in Section 7613.10, it shall, on demand of the bureau, be the duty of the sheriff of any county of this…
   • § 7614.2 Immediately after effecting a seizure pursuant to Section 7613.10, the bureau shall institute a proceeding as provided for in Section 7613.9.
   • § 7614.3 Notwithstanding any other law, the bureau shall be the custodian of all moneys collected or surrendered pursuant to Sections 7613.9 and 7613.10. As custodian,…
   • § 7614.4 The bureau shall maintain, regulate, operate, and control the property situated in the County of Amador, referred to as the Elkin Property in Judicial Council…
   • § 7614.5 The bureau is authorized to bring action to enforce the provisions of the law subject to its jurisdiction, in which actions it shall be represented by the…
   • § 7614.6 The bureau shall enforce and administer Part 1 (commencing with Section 8100), Part 3 (commencing with Section 8250), and Part 5 (commencing with Section 9501)…
   • § 7614.7 In any report to the bureau, all bonds, debentures, or other evidences of debt held by a cemetery corporation if amply secured and if not in default as to…
   • § 7614.8 Any security or other evidence of debt if in default as to principal or interest or if not amply secured shall not be valued as an asset of the endowment care…
   • § 7614.9 Notwithstanding any other law, every cemetery authority shall present to the survivor of the deceased who is handling the burial or cremation arrangements or…
3. ARTICLE 2. Funeral Establishments and Directors §§ 7615–7636 · 26 sections

   • § 7615 A funeral director is a person engaged in or conducting, or holding himself or herself out as engaged in any of the following: (a) Preparing for the…
   • § 7616 (a) A licensed funeral establishment is a place of business conducted in a building or separate portion of a building having a specific street address or…
   • § 7616.2 A licensed funeral establishment shall at all times employ a licensed funeral director to manage, direct, or control its business or profession.…
   • § 7617 The business of a licensed funeral establishment shall be conducted and engaged in at a fixed place or facility. No person, partnership, association,…
   • § 7617.1 The applicant for a funeral establishment license, or in the case the applicant is an association, partnership, or corporation, all officers of the corporation…
   • § 7618 An application for a funeral director’s license shall be written on a form provided by the bureau, verified by the applicant, accompanied by the fee fixed by…
   • § 7619 The applicant for a funeral director’s license shall be at least 18 years of age, possess an associate of arts or science degree, or the equivalent, or a…
   • § 7619.3 No licensed funeral director shall engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a funeral director…
   • § 7622 Before an individual is granted a funeral director’s license, he or she shall successfully pass an examination upon the following subjects: (a) The signs of…
   • § 7622.2 A person shall not open or maintain a place or establishment at which to engage in or conduct, or hold himself, herself, or itself out as engaging in or…
   • § 7622.5 An applicant for examination under Section 7622 shall pay the funeral director’s examination fee fixed by this chapter.
   • § 7623 If an applicant for a funeral establishment license proposes to engage in or conduct more than one funeral establishment, the applicant shall make a separate…
   • § 7624 Not more than one person, partnership, association, corporation, or other organization engaged in business as a funeral establishment shall transact business…
   • § 7625 Upon receipt of an application for a license, the bureau shall cause an investigation to be made of the physical status or plans and specifications of the…
   • § 7626 The bureau shall examine and pass upon the qualifications of the applicant as to ability and experience before passing upon the physical status or plans and…
   • § 7626.5 Where a hearing is held to determine whether an application for a license should be granted, the proceeding shall be conducted in accordance with Chapter 5 of…
   • § 7627 Every application for a funeral director’s license under this article shall be granted or refused within ninety days from the date of the filing of the…
   • § 7628 Any person, partnership, association, corporation, or other organization desiring to change the location of a licensed funeral establishment shall apply…
   • § 7629 No funeral establishment shall be conducted or held forth as being conducted or advertised as being conducted under any name which might tend to mislead the…
   • § 7630 (a) A funeral establishment’s license may be assigned upon payment of the fee fixed by this chapter, the filing of a completed application, and upon submission…
   • § 7631 In case of the death of a licensed funeral director who leaves a funeral establishment as part or all of the assets of his or her estate, the bureau may issue…
   • § 7632 A funeral director shall cause all human remains embalmed in or at the direction of his or her funeral establishment to be embalmed by a licensed embalmer, by…
   • § 7633 No funeral director shall charge a fee for filing a certificate of death or for providing copies thereof in excess of fees set by statute for filing and…
   • § 7634 Notwithstanding any other provision of law, a licensed embalmer, at the request of a licensed physician, may remove tissue from human remains for transplant,…
   • § 7635 (a) Any person employed by, or an agent of, a licensed funeral establishment, who consults with the family or representatives of a family of a deceased person…
   • § 7636 (a) (1) Any person who holds or has held, or was named on, any license or registration under the jurisdiction of the bureau that has been, within the…
4. ARTICLE 2.5. Cemetery Brokerage Regulations §§ 7637–7638 · 12 sections

   • § 7637 This article does not apply to the following cases or to the following persons: (a) A person acting with reference to an occasional sale of his or her own…
   • § 7637.1 A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a cemetery broker or cemetery salesperson in this state…
   • § 7637.2 Any act other than an occasional sale of buying or selling, leasing, or exchanging cemetery property or interment services of or for another or on his or her…
   • § 7637.3 A person engaged in the business or acting in the capacity of a cemetery broker or a cemetery salesperson within this state shall not bring or maintain any…
   • § 7637.4 (a) A cemetery broker shall not employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article who is…
   • § 7637.5 (a) It is a misdemeanor, punishable by a fine not exceeding one hundred dollars ($100) for each offense, for any person, whether obligor, escrowholder, or…
   • § 7637.6 Any person acting as a cemetery broker or cemetery salesperson without a license, or who advertises so as to indicate he or she is a cemetery broker without…
   • § 7637.7 (a) Any cemetery salesperson or cemetery broker who sells, causes to be sold, or offers for sale any cemetery property upon the promise, guarantee, or…
   • § 7637.8 Every officer, agent, or employee of any company, and every other person who knowingly authorizes, directs, or aids in the publication, advertisement,…
   • § 7637.9 Each cemetery broker, other than a cemetery corporation holding a certificate of authority, and each cemetery salesperson shall include in any advertising a…
   • § 7637.10 For violation of any of the provisions of Section 7637.9, the bureau may temporarily suspend or permanently revoke the license of the cemetery licensee in…
   • § 7638 Any person, other than a person making an occasional sale, who advertises cemetery property for sale or exchange, without being duly licensed as a cemetery…
5. ARTICLE 2.7. Hydrolysis Facilities §§ 7639–7639.19 · 10 sections

   • § 7639 A corporation, partnership, or natural person may operate, establish, or maintain a hydrolysis facility with a valid hydrolysis facility license issued by the…
   • § 7639.02 A change in the ownership of a hydrolysis facility shall be reported to the bureau. A transfer in a single transaction or related transactions of more than 50…
   • § 7639.04 The application for a hydrolysis facility license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the…
   • § 7639.06 (a) The bureau shall require an applicant for a hydrolysis facility license to prove compliance with all applicable laws, rules, regulations, ordinances, and…
   • § 7639.08 (a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards for applicants for hydrolysis facility licenses. In…
   • § 7639.10 (a) A licensed hydrolysis facility shall not conduct hydrolysis unless all of the following requirements are met: (1) The licensee has a written contract with…
   • § 7639.12 A licensed hydrolysis facility shall not prohibit relatives or the responsible party from viewing the hydrolysis process.
   • § 7639.16 It is a misdemeanor for any person, firm, or corporation to hydrolyze human remains, or to engage in the disposition of hydrolyzed human remains, without a…
   • § 7639.18 A licensed hydrolysis facility shall be subject to, and shall be disciplined by the bureau in accordance with, Article 6 (commencing with Section 7686).
   • § 7639.19 This article shall become operative on July 1, 2020.
6. ARTICLE 3. Embalmers §§ 7640–7650 · 10 sections

   • § 7640 An embalmer is one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants or…
   • § 7641 It is unlawful for any person to embalm a body, or engage in, or hold himself or herself out as engaged in practice as an embalmer, unless he or she is…
   • § 7642 An application for an embalmer’s license shall be written on a form provided by the bureau, verified by the applicant, and accompanied by the fee fixed by this…
   • § 7643 In order to qualify for a license as an embalmer, the applicant shall comply with all of the following requirements: (a) Be over 18 years of age. (b) Not have…
   • § 7646 (a) The bureau shall require the applicant to pass both of the following: (1) The sciences section of the national examination administered by the…
   • § 7647 Examinations shall be administered at times and places determined by the bureau and the International Conference of Funeral Service Examining Boards. The…
   • § 7647.5 Where a hearing is held to determine whether an application for a license should be granted, the proceeding shall be conducted in accordance with Chapter 5…
   • § 7648 No embalmer’s license is assignable, and only the licensee may engage in the practice of embalming under the license.
   • § 7649 Except as provided in Section 102805 of the Health and Safety Code, whenever the name of any licensed embalmer is subscribed to any certificate, the purport of…
   • § 7650 The bureau may examine the requirements for the issuance of licenses to embalmers in other states of the United States and cause a record to be kept of those…
7. ARTICLE 3.5. Licenses and Certificates of Authority §§ 7651–7653.9 · 34 sections

   • § 7651 Application for license as a cemetery broker shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The…
   • § 7651.1 The bureau shall not grant an original cemetery broker’s license to any person who is not a resident of this state. Change of residence to another state shall…
   • § 7651.2 The bureau shall not grant an original cemetery broker’s license to any person who has not held a cemetery salesperson’s license for at least two years prior…
   • § 7651.3 Application for license as a cemetery salesperson shall be made in writing on the form prescribed by the bureau and filed at the principal office of the…
   • § 7651.4 Notwithstanding any other provision of this chapter, Section 7651.7 does not apply to an applicant for a cemetery salesperson’s license.
   • § 7651.5 The bureau shall investigate the qualifications of the applicants. Except as otherwise prescribed in this article, it may issue the license applied for to an…
   • § 7651.6 All cemetery brokers who do not possess a certificate of authority shall, in addition to the requirements of this chapter, file with the bureau a satisfactory…
   • § 7651.7 The bureau shall ascertain by written examination that the applicant, and, in case of a copartnership or corporation applicant for a cemetery broker’s license,…
   • § 7651.8 The bureau may, in its discretion, waive the examination of any applicant for a cemetery broker’s license who held an unrevoked or unsuspended cemetery license…
   • § 7651.9 An application on the form prescribed by the bureau for the renewal of any unrevoked and unsuspended license filed before midnight of June 30 of the year for…
   • § 7651.10 A cemetery license does not give authority to do any act specified in this act to any person other than the person to whom the license is issued.
   • § 7652 When a cemetery brokerage license is issued to a cemetery brokerage corporation, if it desires any of its officers other than the officer through whom it is…
   • § 7652.1 Each officer of a corporation through whom it is licensed to act as a cemetery broker, and each member of a copartnership through whom it is licensed to act as…
   • § 7652.2 The cemetery licenses of both broker and salesperson shall be prominently displayed in the office of the broker. The cemetery salesperson’s license shall…
   • § 7652.3 Immediately upon the salesperson’s withdrawal from the employ of the broker, the broker shall return the salesperson’s license to the bureau for cancellation.…
   • § 7652.4 (a) Every licensed cemetery broker shall have and maintain a definite place of business in this state which shall serve as his or her office for the…
   • § 7652.5 (a) If the applicant for a cemetery broker’s license maintains more than one place of business within the state, he or she shall apply for and procure an…
   • § 7652.6 Each cemetery broker shall erect and maintain a sign in a conspicuous place on the premises to indicate that he or she is a licensed cemetery broker and his or…
   • § 7652.7 For a violation of any of the provisions of Sections 7652.2, 7652.3, 7652.4, and 7652.6, the bureau may temporarily suspend or permanently revoke the license…
   • § 7652.8 Application for a certificate of authority shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The…
   • § 7652.9 Each cemetery for which a certificate of authority is required shall be operated under the supervision of a manager who is qualified in accordance with the…
   • § 7652.10 The bureau may require such proof as it deems advisable concerning the compliance by such applicant to all the laws, rules, regulations, ordinances and orders…
   • § 7653 (a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial…
   • § 7653.1 (a) The bureau may, in accordance with its rules and regulations, authorize interments in cemeteries for which there is no currently valid certificate of…
   • § 7653.2 The bureau shall inspect the books, records, and premises of any crematory licensed under this chapter. In making those inspections, the bureau shall have…
   • § 7653.3 The bureau shall annually conduct a minimum of one unannounced inspection of each licensed crematory.
   • § 7653.35 (a) The bureau shall inspect the books, records, and premises of a hydrolysis facility licensed under this chapter. In making those inspections, the bureau…
   • § 7653.36 (a) The bureau shall annually conduct a minimum of one unannounced inspection of each licensed hydrolysis facility. (b) This section shall remain in effect…
   • § 7653.4 The bureau shall inspect the books, records, and premises of any cemetery where a certificate of authority is required under this chapter. In making the…
   • § 7653.5 The bureau shall annually conduct a minimum of one unannounced inspection of each cemetery for which a certificate of authority is required.
   • § 7653.6 A cemetery licensed under this chapter shall at all times employ a licensed cemetery manager to manage, supervise, and direct its operations. Notwithstanding…
   • § 7653.7 (a) Application for a cemetery manager license shall be made in writing on the form provided by the bureau, verified by the applicant, and filed at the…
   • § 7653.8 (a) A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a cemetery manager without holding…
   • § 7653.9 (a) Notwithstanding any other law, based upon a finding by a court of competent jurisdiction that a cemetery manager of a private cemetery has ceased to…
8. ARTICLE 4. Apprentices §§ 7660–7671 · 11 sections

   • § 7660 An apprentice embalmer is a person engaged in the study of embalming under the instruction and supervision of a licensed embalmer who has had at least two…
   • § 7661 An application for registration as an embalmer’s apprentice shall be made upon a form provided by the bureau, verified by the applicant and accompanied by the…
   • § 7662 In order to qualify as an apprentice embalmer, an applicant shall comply with all of the following requirements: (a) Be over 18 years of age. (b) Not have…
   • § 7664 Certificates of apprenticeship issued pursuant to this article shall expire when the holder has been issued a license as an embalmer, or six years from the…
   • § 7665 All registered apprentice embalmers shall comply with the following requirements during their period of apprenticeship: (a) Shall file a report of…
   • § 7666 (a) The term of apprenticeship shall be two years. However, if an apprentice after having served his or her apprenticeship fails to pass the examinations…
   • § 7667 (a) The bureau shall have the power to grant leaves of absence and extensions of leaves of absence and approve absences during the term of apprenticeship. (b)…
   • § 7668 The bureau may suspend or revoke a certificate of apprenticeship, after notice and upon complaint and hearing in accordance with the provisions of Article 6,…
   • § 7669 An apprentice who has had his or her certificate of apprenticeship suspended or revoked may, within one year after the suspension or revocation apply for…
   • § 7670 (a) The apprenticeship required by this article shall be served in a licensed funeral establishment that shall have been previously approved for apprenticeship…
   • § 7671 No person who is a duly registered apprentice or a student at an approved mortuary science program in California at the time of any amendment to this chapter…
9. ARTICLE 4.5. Cremated Remains Disposer §§ 7672–7673.2 · 14 sections

   • § 7672 (a) A person shall not dispose of or offer to dispose of cremated human remains or hydrolyzed human remains unless registered as a cremated remains disposer by…
   • § 7672.1 (a) Registration shall be on the form prescribed by the bureau and shall include, but not be limited to, the full name of the registrant, business and…
   • § 7672.2 (a) The bureau shall prepare and deliver to each registered cremated remains disposer a booklet that includes, but is not limited to, the following…
   • § 7672.3 (a) All aircraft used for the scattering of cremated human remains or hydrolyzed human remains shall be validly certified by the Federal Aviation…
   • § 7672.4 (a) A cremated remains disposer who scatters cremated human remains or hydrolyzed human remains without specific written instructions from the person having…
   • § 7672.5 Each cremated remains disposer shall provide the person with the right to control the disposition of the remains under Section 7100 of the Health and Safety…
   • § 7672.6 (a) Every cremated remains disposer shall do both of the following: (1) Dispose of cremated remains or hydrolyzed human remains within 60 days of the receipt…
   • § 7672.7 (a) Each cremated remains disposer shall file, and thereafter maintain, an updated copy of, an annual report on a form prescribed by the bureau. The report…
   • § 7672.8 All cremated remains disposer registrations shall expire at midnight on September 30 of each year. A person desiring to renew his or her registration shall…
   • § 7672.9 If a person fails to apply for renewal of his or her cremated remains disposer registration prior to midnight of September 30 of the year for which the…
   • § 7672.10 (a) A person who scatters cremated human remains or hydrolyzed human remains without a valid registration and who is not otherwise exempt from this article…
   • § 7673 (a) A person who scatters any cremated human remains or hydrolyzed human remains without specific written instructions from the person having the right to…
   • § 7673.1 (a) A cremated remains disposer who stores cremated remains or hydrolyzed human remains in a reckless manner that results in either of the following is guilty…
   • § 7673.2 A cremated remains disposer shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686). Any…
10. ARTICLE 5. Licenses § 7680 · 1 section

    • § 7680 Every license issued shall be displayed conspicuously in the place of business or employment of the licensee. The form and content of every license issued…
11. ARTICLE 5.5. Funeral Practices §§ 7685–7685.6 · 6 sections

    • § 7685 (a) (1) Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or…
    • § 7685.1 (a) The funeral director shall in a conspicuous manner place the price on each casket. Individual price tags on caskets shall include the thickness of metal,…
    • § 7685.2 (a) A funeral director shall not enter into a contract for furnishing services or property in connection with the burial or other disposal of human remains…
    • § 7685.3 (a) The current address, telephone number, and name of the Department of Consumer Affairs, Cemetery and Funeral Bureau shall appear on the first page of any…
    • § 7685.5 (a) The bureau shall make available to funeral establishments and cemetery authorities a copy of a consumer guide for funeral and cemetery purchases for…
    • § 7685.6 (a) Every funeral establishment, prior to drafting any contract for funeral goods or services, shall present to the survivor of the deceased who is handling…
12. ARTICLE 6. Disciplinary Proceedings §§ 7686–7711.12 · 38 sections

    • § 7686 The bureau may suspend or revoke licenses, after proper notice and hearing to the licensee, if the licensee has been found guilty by the bureau of any of the…
    • § 7686.5 All accusations against licensees shall be filed with the bureau within two years after the performance of the act or omission alleged as the ground for…
    • § 7687 Upon receipt of a complaint, the bureau may make or cause to be made such investigation as it deems necessary.
    • § 7688 Notwithstanding any law, in the event of expiration or suspension of a license by operation of law or by order or decision of the director or a court of law,…
    • § 7690 The bureau may discipline every accused licensee whose default has been entered or who has been tried and found guilty, after formal hearing, of any act or…
    • § 7691 Conviction of a crime substantially related to the qualifications, functions and duties of the license holder in question constitutes a ground for disciplinary…
    • § 7692 Misrepresentation or fraud in the conduct of the business or the profession of a funeral director or embalmer constitutes a ground for disciplinary action.
    • § 7692.5 Any false or misleading statement regarding any law or regulation pertaining to the preparation for burial, transportation for burial, or burial of the dead,…
    • § 7693 False or misleading advertising as a funeral establishment, funeral director, or embalmer constitutes a ground for disciplinary action.
    • § 7694 Solicitation, after a death or while a death is impending, of funeral directing or embalming business by the licensee, or by the agents, assistants or…
    • § 7695 Employment by the licensee of persons known as “cappers” or “steerers” or “solicitors,” or other such persons to solicit, after a death or while a death is…
    • § 7696 Employment, directly or indirectly, of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the…
    • § 7697 The buying, after a death or while a death is impending, of funeral directing and embalming business by the licensee, the licensee’s agents, assistants or…
    • § 7699 Aiding or abetting an unlicensed person to practice funeral directing or embalming constitutes a ground for disciplinary action.
    • § 7700 Using profane, indecent, or obscene language in the course of the preparation for burial, removal, or other disposition of, or during the funeral service for,…
    • § 7701 Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing human remains to be disposed of in…
    • § 7701.5 Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing the purchase of flowers from any…
    • § 7702 Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with the burial or other disposition of, human…
    • § 7703 Violation of any of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter constitutes a ground for disciplinary…
    • § 7704 Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of human remains constitutes…
    • § 7705 Fraud or misrepresentation in obtaining a license constitutes a ground for disciplinary action.
    • § 7706 Refusing to surrender promptly the custody of human remains, the personal effects, and any certificate or permit required under Division 102 (commencing with…
    • § 7707 Gross negligence, gross incompetence or unprofessional conduct in the practice of funeral directing or embalming constitutes a ground for disciplinary action.
    • § 7708 The bureau, after a hearing, may deny the application of a funeral establishment, funeral director, embalmer, or apprentice embalmer on proof that the…
    • § 7709 A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The bureau may…
    • § 7711 When a funeral establishment, funeral director or embalmer has had his, or her, or its license suspended, canceled, or revoked by the bureau, the bureau, upon…
    • § 7711.1 Unprofessional conduct by any licensee or registrant or by any agent or employee of a licensee or registrant constitutes grounds for disciplinary action.…
    • § 7711.2 The bureau may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the…
    • § 7711.3 The bureau may suspend or revoke the license of any cemetery licensee who, within the immediately preceding three years, has done any of the following: (a)…
    • § 7711.4 When any salesperson is discharged by his or her employer for a violation of any of the provisions of this article prescribing a ground for disciplinary…
    • § 7711.5 The bureau may deny, suspend, or revoke the cemetery license of a corporation as to any officer or agent acting under its cemetery license, and the cemetery…
    • § 7711.6 The fees for cemetery licenses at all periods of the fiscal year is the same as provided in this article. All cemetery license fees are payable in advance of…
    • § 7711.7 (a) If a person fails to apply for a license renewal, no renewal license shall be issued except upon payment of the delinquent renewal fee required under…
    • § 7711.8 The definitions contained in this article are solely for the purposes of this article.
    • § 7711.9 An original cemetery broker’s license is a cemetery license issued to a person who did not have a cemetery broker’s license on June 30 of the fiscal year…
    • § 7711.10 A renewal cemetery broker’s license is a cemetery license issued to a person who had a cemetery broker’s license unrevoked and unsuspended on June 30 of the…
    • § 7711.11 An original cemetery salesperson’s license is a cemetery license issued to a person who did not have a cemetery salesperson’s or a broker’s license either…
    • § 7711.12 A renewal cemetery salesperson’s license is a cemetery license issued to a person who had a cemetery salesperson’s or a broker’s license either individually or…
13. ARTICLE 6.5. Crematories §§ 7712–7713.4 · 17 sections

    • § 7712 A crematory established, operated, or maintained, may be operated by a corporation, partnership, or natural person, provided that a valid crematory license…
    • § 7712.1 (a) Any change in the ownership of a crematory shall be reported to the bureau. (b) Any transfer in a single transaction or a related series of transactions of…
    • § 7712.2 Application for a crematory license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The…
    • § 7712.3 The provisions of Article 5 (commencing with Section 8341) of Chapter 2 of Part 3 of Division 8 of the Health and Safety Code shall apply to crematories…
    • § 7712.4 The bureau may require such proof as it deems advisable concerning the compliance by such applicant with all the laws, rules, regulations, ordinances, and…
    • § 7712.5 (a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial…
    • § 7712.6 A crematory licensee under this article shall not conduct any cremations: (a) Unless the licensee has a written contract with the person or persons entitled to…
    • § 7712.7 Every crematory licensee, who prohibits relatives or the responsible party from viewing the cremation process, shall disclose this fact in writing to the…
    • § 7712.8 Each crematory licensee shall keep such records as may be required by the bureau to ensure compliance with all laws relating to the disposition of cremated…
    • § 7712.9 (a) Every crematory licensee operating a crematory pursuant to a license issued in compliance with this article shall pay an annual regulatory charge for each…
    • § 7712.10 (a) Each crematory for which a crematory license is required shall be operated under the supervision of a manager qualified in accordance with rules adopted by…
    • § 7712.11 (a) Each hydrolysis facility for which a hydrolysis facility license is required shall be operated under the supervision of a manager qualified in accordance…
    • § 7713 A crematory shall at all times employ a licensed crematory manager to manage, supervise, and direct its operations. (a) Every crematory shall designate a…
    • § 7713.1 (a) Application for a crematory manager license shall be made in writing on the form provided by the bureau, verified by the applicant and filed at the…
    • § 7713.2 (a) A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a crematory manager without holding…
    • § 7713.3 It is a misdemeanor for any person, firm, or corporation to cremate human remains or to engage in the disposition thereof without a valid, unexpired crematory…
    • § 7713.4 A crematory licensee shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686).
14. ARTICLE 6.6. Reduction Facilities §§ 7714–7714.7 · 8 sections

    • § 7714 A corporation, partnership, or natural person may operate, establish, or maintain a reduction facility with a valid reduction facility license issued by the…
    • § 7714.1 (a) The application for a reduction facility license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the…
    • § 7714.2 A change in the ownership of a reduction facility shall be reported to the bureau. A transfer in a single transaction or related transactions of more than 50…
    • § 7714.3 (a) The bureau shall adopt, and may amend, rules and regulations prescribing standards for applicants for reduction facility licenses. In reviewing an…
    • § 7714.4 A licensed reduction facility shall not conduct reduction of human remains unless all of the following requirements are met: (a) The facility is operated under…
    • § 7714.5 It is a misdemeanor for a person, firm, or corporation to reduce human remains, or to dispose of reduced human remains, without a valid, unexpired reduction…
    • § 7714.6 A reduction facility shall be subject to, and shall be disciplined by, the bureau in accordance with, Article 6 (commencing with Section 7686).
    • § 7714.7 The licensing requirements of this article shall become operative on January 1, 2027.
15. ARTICLE 7. Penal Provisions §§ 7715–7719 · 7 sections

    • § 7715 Any person, partnership, association, corporation, or other form of organization, or any agent or representative thereof, who violates any of the provisions of…
    • § 7716 Every funeral establishment, funeral director or embalmer, or the agents or representatives thereof, who, after a death or while a death is impending, pays,…
    • § 7717 Every person, who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee…
    • § 7717.5 Every person who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee…
    • § 7718 Every person who, after a death or while a death is impending, solicits or accepts any sum of money or other valuable consideration, directly or indirectly,…
    • § 7718.5 Every person as an individual, as a partner in a partnership or as an officer or employee of a corporation, association or other organization, who, without a…
    • § 7719 Every person guilty of a misdemeanor under the provisions of this chapter, shall, upon conviction thereof, be punished by imprisonment in the county jail for…
16. ARTICLE 8. Revenue §§ 7725–7731.4 · 36 sections

    • § 7725 A license issued under this chapter shall expire each year on the last day of the month in which the license was originally issued. To renew an unexpired…
    • § 7725.2 Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within five years after its expiration on filing of an…
    • § 7725.3 A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license,…
    • § 7725.4 A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the…
    • § 7725.5 A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. The holder of the…
    • § 7727 (a) On or before the 10th day of each month, the department shall pay into the State Treasury and report to the State Controller all the fees received for the…
    • § 7729 The amount of the fees prescribed by this chapter shall be fixed according to the following schedule: (a) The application fee for a funeral director’s license…
    • § 7729.1 The amount of fees prescribed for a license or certificate of authority under this act is that fixed by the following provisions of this article. Any license…
    • § 7729.2 The delinquent renewal fee for a license, registration, or certificate of authority under this chapter shall be 150 percent of the timely fee, but not less…
    • § 7729.3 The original cemetery broker’s license fee shall be seven hundred fifty dollars ($750).
    • § 7729.4 (a) The original cemetery broker’s license fee is payable at the time of the filing of an application for an original cemetery broker’s license. (b) If the…
    • § 7729.5 The annual renewal fee for a cemetery broker’s license shall five hundred sixty dollars ($560).
    • § 7729.6 If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the…
    • § 7729.7 If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the…
    • § 7729.8 The cemetery salesperson’s license fee shall be sixty dollars ($60).
    • § 7729.9 A cemetery salesperson’s license fee is payable on each filing of an application for a cemetery salesperson’s license.
    • § 7729.10 The annual renewal fee for a cemetery salesperson’s license shall be fifty dollars ($50).
    • § 7729.11 The fee for a timely filing of an annual report on the endowment care fund and special care fund by a certificate of authority shall be five hundred dollars…
    • § 7730 For a branch office broker’s license, the fee shall be one hundred ninety dollars ($190).
    • § 7730.1 The cremated remains disposer registration fee shall be one hundred ninety dollars ($190).
    • § 7730.2 The renewal fee for a cremated remains disposer registration shall be one hundred dollars ($100).
    • § 7730.3 For change of name or of address of licensee on the records of the bureau, the fee shall be twenty-five dollars ($25).
    • § 7730.4 For transfer of a salesperson’s license on change of employer, the fee shall be fifty dollars ($50).
    • § 7730.5 For a duplicate license the fee shall be fifty dollars ($50).
    • § 7730.6 (a) For reinstatement of a license within the fiscal year, the fee shall be fifty dollars ($50). (b) As used in this section, “reinstatement of a license”…
    • § 7730.7 (a) The fee for a crematory manager examination and reexamination shall be six hundred eighty dollars ($680). (b) The license fee to obtain a crematory manager…
    • § 7730.8 (a) The fee for a cemetery manager examination shall be eight hundred dollars ($800). (b) The license fee to obtain a cemetery manager license shall be one…
    • § 7730.9 The fee for filing a report of a change of designated manager or a request for approval to share a designated cemetery manager shall not exceed fifty dollars…
    • § 7730.10 Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery of seven hundred fifty dollars ($750). In addition to an…
    • § 7730.11 (a) The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration.…
    • § 7730.12 (a) On or before January 1, 2027, the bureau shall establish the fee to obtain or renew a reduction facility license, which shall be set by the bureau pursuant…
    • § 7731 Upon payment of the charges set forth, the bureau shall issue a renewal of the certificate of authority to the cemetery authority.
    • § 7731.1 Failure to pay the charges set forth by Section 7730.10 prior to February 1 for each year shall be cause for suspension of the certificate of authority. The…
    • § 7731.2 It is a misdemeanor for any cemetery corporation to make any interments without a valid certificate of authority. Each interment shall be a separate violation.
    • § 7731.3 (a) All moneys received by the bureau under the provisions of this chapter shall be accounted for and reported by detailed statements furnished by the bureau…
    • § 7731.4 (a) All moneys paid into the State Treasury and credited to the Cemetery and Funeral Fund shall be expended in accordance with law for the payment of all…
17. ARTICLE 9. Preneed Funeral Arrangements §§ 7735–7746 · 17 sections

    • § 7735 No funeral establishment licensed under the laws of the State of California, or the agents or employees of a funeral establishment, shall enter into or solicit…
    • § 7735.5 The preneed funeral arrangement contract shall clearly state if benefits are unavailable or limited for any reason.
    • § 7736 For the purposes of this article the term “trustee” shall mean any banking institution or trust company legally authorized and empowered by the State of…
    • § 7737 (a) All securities purchased by the trustor for deposit in trust and all money received from the trustor for deposit in trust shall be placed in trust with a…
    • § 7737.1 (a) (1) For purposes of Section 7737, a funeral establishment that intends to cease engaging in business operations, as authorized under this chapter, by…
    • § 7737.2 (a) The bureau shall create, and post on its internet website, the forms required by Section 7737.1 by January 1, 2023. (b) The bureau shall adopt and post on…
    • § 7737.3 All commingled preneed trust funds held by a funeral establishment shall be subject to an annual, independent certified financial audit with a copy of the…
    • § 7737.5 A trustee may deposit the corpus of the trust in any financial institution insured by the Federal Deposit Insurance Corporation.
    • § 7737.7 A trustee may deposit the corpus of the trust in any credit union which is insured by the National Credit Union Share Insurance Fund.
    • § 7738 A licensed funeral establishment that is also a licensed cemetery authority shall not deposit any money or securities received in connection with preneed…
    • § 7739 Any person willfully violating the provisions of this article or any of them shall be punishable either by imprisonment in a county jail for a period not…
    • § 7740 The bureau is authorized to enforce of its own initiative the provisions of this article and may adopt such rules and regulations as in its opinion may be…
    • § 7740.5 A funeral establishment shall pay to the bureau the fee fixed by this chapter for filing with the bureau any report on preneed trust funds required by rules…
    • § 7741 Nothing in this article shall apply to cemetery property; cemetery commodities; cemetery service; or merchandise that is delivered as soon as paid for.
    • § 7742 Nothing in this article shall apply to any arrangement, contract, or plan for the issuance of securities now or hereafter authorized under a permit of the…
    • § 7745 Every funeral establishment shall present to the survivor of the deceased who is handling the funeral arrangements or the responsible party a copy of any…
    • § 7746 (a) Notwithstanding any other provision of law, a funeral establishment that is otherwise exempt from the requirement of filing an annual preneed trust report…