Section 5-101 - Definitions. - Maryland Statutes

§ 5-101. Definitions.
 

(a)  In general.- In this title the following words have the meanings indicated. 

(b)  Burial goods.-  

(1) "Burial goods" means goods that are used in connection with burial. 

(2) "Burial goods" includes: 

(i) a casket; 

(ii) a grave liner; 

(iii) a memorial; 

(iv) a monument; 

(v) a scroll; 

(vi) an urn; 

(vii) a vase; and 

(viii) a vault. 

(c)  Burial goods business.- "Burial goods business" means a business that provides burial goods. 

(d)  Cemetery.-  

(1) "Cemetery" means land used or to be used for interment. 

(2) "Cemetery" includes a structure used or to be used for interment. 

(e)  Cremation.- "Cremation" means the process of reducing human remains to bone fragments through intense heat and evaporation, including any mechanical or thermal process. 

(f)  Crematory.- "Crematory" means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation. 

(g)  Director.- "Director" means the Director of the Office of Cemetery Oversight. 

(h)  Engage in the operation of a cemetery.- "Engage in the operation of a cemetery" means owning, controlling, or managing a cemetery, including performing activities necessary for: 

(1) the establishment, improvement, care, preservation, or embellishment of a cemetery; 

(2) interment; and 

(3) the providing of burial space or burial goods. 

(i)  Engage in the operation of a crematory.-  

(1) "Engage in the operation of a crematory" means controlling or managing a crematory. 

(2) "Engage in the operation of a crematory" does not include: 

(i) the practice of funeral direction or the practice of mortuary science; or 

(ii) 1. assistance in making decisions and filling out forms that are not directly related to cremation; 

2. obtaining vital statistics, signatures, and other information necessary to complete a death certificate; 

3. transportation of a body to the place of disposition; or 

4. any other services regarding the disposition of a body that are not directly related to cremation. 

(j)  Funeral establishment.- "Funeral establishment" means a building, structure, or premises from which the business of funeral directing or embalming is conducted. 

(k)  Human remains.-  

(1) "Human remains" means: 

(i) the body of a deceased person; or 

(ii) a part of a body or limb that has been removed from a living person. 

(2) "Human remains" includes the body or part of a body or limb in any state of decomposition. 

(l)  Interment.- "Interment" means all final disposition of human remains, including: 

(1) earth burial; 

(2) mausoleum entombment; and 

(3) niche or columbarium interment. 

(m)  Office.- "Office" means the Office of Cemetery Oversight. 

(n)  Permit.- "Permit" means a permit issued by the Director to allow a partnership, limited liability company, or corporation to operate a business through which a registrant may: 

(1) engage in the operation of a cemetery or crematory; or 

(2) provide burial goods. 

(o)  Preneed goods.-  

(1) "Preneed goods" means burial goods that are sold before the buyer's death. 

(2) "Preneed goods" does not include burial space. 

(p)  Provide burial goods.- "Provide burial goods" means a retail transaction: 

(1) to erect, service, or inscribe burial memorials; or 

(2) to sell burial goods. 

(q)  Registered cemeterian.- "Registered cemeterian" means an individual registered to operate a cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 

(r)  Registered crematory operator.- "Registered crematory operator" means an individual registered to operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder. 

(s)  Registered seller.- "Registered seller" means an individual registered to provide burial goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder. 

(t)  Registration.- "Registration" means a registration issued by the Director authorizing an individual to operate a cemetery, to operate a crematory, or to provide burial goods. 

(u)  Responsible party.- "Responsible party" means a sole proprietor or the individual designated by a partnership, limited liability company, or corporation to be responsible for the operations of a cemetery, crematory, or burial goods business. 
 

[An. Code 1957, art. 23, §§ 165A, 165B; 1992, ch. 4, § 2; 1997, ch. 675, § 2; 1999, ch. 12; 2001, ch. 186, § 1; 2004, ch. 25, § 6; 2010, ch. 450.]