SECTIONS 9740-9749.5 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 9740-9749.5

9740. No person shall dispose of or offer to dispose of any
cremated human remains unless registered as a cremated remains
disposer by the bureau. This article shall not apply to any person,
partnership, or corporation holding a certificate of authority as a
cemetery, crematory license, cemetery broker's license, cemetery
salesperson's license, or funeral director's license, nor shall this
article apply to any person having the right to control the
disposition of the cremated remains of any person or that person's
designee if the person does not dispose of or offer to dispose of
more than 10 cremated human remains within any calendar year.

9741. (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 residence addresses, description and
identification of aircraft or boats which may be used in dispensing
cremated human remains, and the area to be served. Each registration
application shall be accompanied by the cremated remains disposer
fee.
(b) Every registered cremated remains disposer who dispenses human
remains by air shall post a copy of his or her current pilot's
license, and the address of the cremated remains storage area at his
or her place of business. Every registered cremated remains disposer
who dispenses human remains by boat shall post a copy of his or her
current boating license and the address of the cremated remains
storage area at his or her place of business.

9741.1. The bureau shall prepare and deliver to each registered
cremated remains disposer a booklet that includes, but is not limited
to, the following information: details about the registration and
renewal requirements for cremated remains disposers; requirements for
obtaining state permits to dispose of cremated human remains; state
storage requirements, if any; statutory duties pursuant to this
article, and other applicable state laws.

9742. All aircraft used for the scattering of cremated human
remains shall be validly certified by the Federal Aviation
Administration. All boats or vessels used for the scattering of
cremated human remains shall be registered with the Department of
Motor Vehicles or documented by a federal agency, as appropriate. The
certification or registration shall be available for inspection by
the bureau.

9743. A cremated remains disposer who scatters any cremated human
remains without specific written instructions from the person having
the right to control the disposition of the remains or who scatters
any remains in a manner not in accordance with those instructions
shall be subject to disciplinary action.

9744. 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 Code with a copy of the completed
permit for disposition of human remains pursuant to Chapter 8
(commencing with Section 103050) of Part 1 of Division 102 of the
Health and Safety Code within 30 days of the date of the scattering .

9744.5. (a) Every cremated remains disposer shall do both of the
following:
(1) Dispose of cremated remains within 60 days of the receipt of
those remains, unless a written signed reason for a delay is
presented to the person with the right to control the disposition of
the remains under Section 7100 of the Health and Safety Code.
(2) Provide the bureau with the address and phone number of any
storage facility being used by the registrant to store cremated
remains. Cremated remains shall be stored in a place free from
exposure to the elements, and shall be responsibly maintained until
disposal. The bureau and its representatives shall conduct, on an
annual basis, random inspections of the operations of 5 to 10 percent
of the registered cremated remains disposers, and is authorized to
inspect any place used by a cremated remains disposer for the storage
of cremated remains without notice to the cremated remains disposer.
(b) A violation of the requirements of this section is grounds for
disciplinary action.

9745. (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 shall include, but not be limited to, the
names of the deceased persons whose cremated remains were disposed
of, the dates of receipt of the cremated remains, the names and
addresses of the persons who authorized disposal of those remains,
the dates and locations of disposal of those remains, and the means
and manner of disposition. The report shall cover the fiscal year
ending on June 30th and shall be filed with the bureau no later than
September 30th of each year.
(b) Any cremated remains disposer that makes a willful and
material false statement regarding the disposal of cremated remains
in the annual report filed or updated pursuant to subdivision (a)
shall be subject to disciplinary action.
(c) Any cremated remains disposer that makes a willful and
material false statement in the annual report filed or updated
pursuant to subdivision (a) shall be guilty of a misdemeanor.

9746. All cremated remains disposer registrations shall expire at
12 midnight on September 30th of each year. A person desiring to
renew his or her registration shall file an application for renewal
on a form prescribed by the bureau accompanied by the required fee. A
registration that has expired may be renewed within five years of
its expiration upon payment of all accrued and unpaid renewal fees.
The bureau shall not renew the registration of any person who has not
filed the required annual report until he or she has filed a
complete annual report with the department.

9747. If a person fails to apply for renewal of his or her cremated
remains disposer registration prior to midnight of September 30th of
the year for which the registration was issued, no renewal shall be
issued except upon payment of the delinquent renewal fee required
under Section 9750.5.

9748. Any person who scatters cremated human remains without a
valid registration and who is not otherwise exempt from this article
shall be guilty of a misdemeanor. The remains of each person
scattered shall constitute a separate violation.

9749. Any person who scatters any cremated human remains without
specific written instructions from the person having the right to
control the disposition of the remains or who scatters any remains in
a manner not in accordance with those instructions shall be guilty
of a misdemeanor.

9749.3. Any cremated remains disposer who stores cremated remains
in a reckless manner that results in either of the following is
guilty of a public offense punishable by imprisonment in a county
jail not exceeding one year or by a fine not to exceed five thousand
dollars ($5,000), or by both that fine and imprisonment:
(a) Loss of all or part of the cremated remains.
(b) Inability to individually identify the cremated remains.

9749.5. A cremated remains disposer shall be subject to and shall
be disciplined by the bureau in accordance with Article 6 (commencing
with Section 9725). Any violation of this article shall also be
grounds for disciplinary action.