BlackletterCalifornia law

CHAPTER 2. Operation and Management [8275. - 8396.]

Chapter 2 enacted by Stats. 1939, Ch. 60.

§§ 8275–8396 · 41 sections

  1. ARTICLE 1. General Provisions §§ 8275–8279 · 5 sections
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 8279 A cemetery authority shall comply with the Mausoleum and Columbarium Law (Part 5 (commencing with Section 9501)).
  2. ARTICLE 2. Rules and Regulations §§ 8300–8309 · 3 sections
    • § 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,…
    • § 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…
    • § 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…
  3. ARTICLE 3. Police Power § 8325 · 1 section
    • § 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,…
  4. ARTICLE 4. Records §§ 8330–8331 · 2 sections
    • § 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,…
    • § 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…
  5. ARTICLE 5. Operation of Crematories §§ 8341–8347 · 11 sections
    • § 8341 All cremated remains not disposed of in accordance with this chapter, within one year, shall be interred.
    • § 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,…
    • § 8343 A crematory shall maintain on its premises, or other business location within the State of California, an accurate record of all cremations performed,…
    • § 8344 A crematory shall maintain an identification system allowing identification of each decedent beginning from the time the crematory accepts delivery of human…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 8347 (a) The crematory licensee, or his or her authorized representative shall provide instruction to all crematory personnel involved in the cremation process.…
  6. ARTICLE 6. Contract Limitations §§ 8350–8351 · 2 sections
    • § 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…
    • § 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…
  7. ARTICLE 7. Restrictions on Officers §§ 8360–8362 · 3 sections
    • § 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…
    • § 8361 The office of any director or officer who acts or permits action contrary to this article immediately thereupon becomes vacant.
    • § 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…
  8. ARTICLE 8. Hydrolysis Facilities §§ 8370–8382 · 7 sections
    • § 8370 All hydrolyzed human remains not disposed of in accordance with this chapter, within one year, shall be interred.
    • § 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…
    • § 8374 (a) A hydrolysis facility shall maintain on its premises, or other business location within the state, an accurate record of all hydrolyses performed,…
    • § 8376 (a) A hydrolysis facility shall maintain an identification system allowing identification of each decedent beginning from the time the hydrolysis facility…
    • § 8378 Within two hours after a licensed hydrolysis facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not…
    • § 8380 (a) The hydrolysis facility licensee, or its authorized representatives, shall provide instruction to all hydrolysis facility personnel involved in the…
    • § 8382 This article shall become operative on July 1, 2020.
  9. ARTICLE 9. Reduction Facilities §§ 8390–8396 · 7 sections
    • § 8390 All reduced human remains not disposed of in accordance with this chapter shall be disposed of pursuant to Section 7714.4 of the Business and Professions Code. see note
    • § 8391 A reduction facility shall not make or enforce rules requiring that human remains be placed in a casket before reduction, nor shall a reduction facility refuse… see note
    • § 8392 (a) A reduction facility shall maintain on its premises, or other business location within the state, an accurate record of all reductions performed, including… see note
    • § 8393 (a) A reduction facility shall maintain an identification system allowing identification of each decedent beginning from the time the reduction facility… see note
    • § 8394 Within two hours after a reduction facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than… see note
    • § 8395 (a) The reduction facility licensee, or its authorized representatives, shall provide instruction to all facility personnel involved in the reduction process.… see note
    • § 8396 This article shall become operative on January 1, 2027.