New York Codes, Rules and Regulations (NYCRR)
Title 19 Part 203
Department of State
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Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.19 NYCRR 203.1 - Definitions
Source version current through Nov 30, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Nov 30, 2022
(a)The term cremation means the technical process, using heat and flame, that reduces human remains to ashes and other residue. Cremation shall include the processing, and may include the pulverization, of such ashes and other residue.
(b)The term cremains means ashes and other residue recovered after the completion of cremation, which may include residue of foreign matter that may have been cremated with the human remains.
(c)The term casket includes coffin and means a rigid container that is designed for the encasement of human remains and customarily ornamented and lined with fabric.
(d)The term unfinished wooden box means an unornamented casket made of wood which does not have a fixed interior lining.
(e)The term alternative container means a nonmetal receptacle or enclosure, typically without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of cardboard, pressed wood, composition materials (with or without an outside covering) or pouches of canvas or other material.
(f)The term cremation container means an unfinished wooden box, wooden casket, or alternative container which is rigid on all sides, which can be closed to completely cover the remains of the deceased human being, which is sufficiently sturdy to lift and handle with ease and to support the weight of the deceased and which is fully combustible and intended to be incinerated with the human remains.
(g)The term ceremonial casket, also known as a rental casket, means a casket which is not intended to be incinerated with the human remains.
(h)The term crematory means a facility in which the remains of deceased human beings are processed by cremation, the business or entity operating the facility, or both, as the context requires.
(i)The term retort means the crematory furnace and chamber(s) by which and in which cremation occurs.
(j)The term temporary storage facility means an area that:
(1)is a separately enclosed room or a separately enclosed area within a room;
(2)is designated for and used exclusively for the retention of human remains prior to cremation;
(3)is adequately ventilated;
(4)complies with all applicable public health laws regarding the proper handling and storage of human remains and body fluids;
(5)is operated and maintained in a manner which protects the health and safety of crematory personnel;
(6)is secure from access by anyone other than authorized persons; and
(7)the interior of which is not visible from any area accessible to the general public.
(k)The term cremation permit means the burial and removal permit required pursuant to section 4145 of the Public Health Law that is annotated for disposition of the remains of a deceased human being by cremation.
(l)The term person in control of disposition means the person who has the right to control the disposition of the remains of a decedent pursuant to Public Health Law section 4201.
(m)The term funeral firm means an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing.
(n)The term funeral home, also known as a funeral establishment, means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes.
19 NYCRR 203.2 - Maintenance and privacy
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
(a)A crematory shall be used exclusively for the cremation of human remains.
(b)A crematory shall be maintained in a clean, orderly and sanitary manner, with adequate ventilation and shall have a temporary storage facility.
(c)Every crematory must at all times follow accepted policies and procedures with respect to infection control, including standard precautions developed by the Centers for Disease Control and Prevention.
(d)The general retort area and the temporary storage facility shall be separately enclosed areas and when fully closed, the interior of one area shall not be visible from within the other area.
(e)Every crematory shall use its best efforts to cremate remains within 24 hours of accepting delivery of such remains. Good cause, such as the need to confirm the identity of the deceased human being, must be demonstrated if remains are cremated more than 48 hours after delivery is accepted.
(f)Notwithstanding the foregoing, if any remains exhibit an objectionable odor either at delivery or at any time thereafter, such remains shall be cremated as soon as possible after they have been accepted by the crematory or as soon as possible after the objectionable odor is first detected. If any remains are known by crematory personnel not to have been embalmed, such remains shall be cremated as soon as possible after they have been accepted by the crematory.
(g)A crematory may also have a ceremony room available for viewings and ceremonies. The ceremony room shall be separately enclosed from the general retort area and the temporary storage facility. The temporary storage facility interior shall not be visible or accessible from the ceremony room. Only members of the immediate family of the deceased or their authorized agents and designated representatives may be present in the ceremony room during the cremation of the remains of the deceased.
(h)Entrances and exterior windows of the crematory shall be maintained at all times to secure privacy, including:
(1)doors shall be tight closing and rigid;
(2)windows shall be covered;
(3)entrances shall be marked "private" or "authorized entry only" to preclude entry by unauthorized persons; and
(4)entrances shall be locked and secured when not actively attended by authorized crematory personnel.
(i)No crematory may impose a charge for the cremation of the remains of a deceased human being based on the combined weight of the remains and the cremation container unless it shall have in place a scale capable of accurately determining their combined weight. The scale shall be of suitable size and capacity and shall be installed, used and inspected in conformance with article 16 of the Agriculture and Markets Law and regulations promulgated thereunder.
(j)Every crematory shall annually certify to the Division of Cemeteries that the condition and operation of the crematory comply with Not-for-Profit Corporation Law article 15 and with this Part and shall submit with such certification its most recent annual Department of Environmental Conservation (DEC) inspection report. The crematory certification and DEC inspection report shall be filed on or before the 15th day of January of each year and shall be retained in the permanent file of the crematory.
19 NYCRR 203.3 - Crematory access
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
(a)No persons except authorized persons shall be admitted into the temporary storage facility while human remains are being stored and no persons except authorized persons shall be admitted into the retort area while the remains of deceased human beings are being cremated. Authorized persons shall enter and remain in the temporary storage facility or retort area only as necessary to perform or assist with the performance of crematory business and operations. On admittance, authorized persons shall comply with all rules of the crematory and not infringe upon the privacy and dignity of the remains of deceased human beings.
(b)The following are authorized persons:
(1)licensed, registered funeral directors, undertakers, registered residents, and enrolled students of mortuary science;
(2)officers and trustees of the crematory;
(3)authorized employees or agents of the crematory;
(4)public officers acting in the discharge of their duties;
(5)authorized instructors of funeral directing schools;
(6)licensed physicians or nurses; and
(7)members of the immediate family of the deceased and their authorized agents and designated representatives.
19 NYCRR 203.4 - Identification of deceased human beings
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
(a)No crematory shall accept the remains of any deceased human being without a cremation permit and a cremation authorization form as provided in section 203.13(c) of this Part. The cremation permit shall constitute presumptive evidence of the identity of the remains.
(b)If a crematory has a reasonable, well-grounded basis to doubt the identity of the remains, the cremation shall not commence until reasonable confirmation of the identity of the deceased human being has been made.
(c)The crematory shall, by a written plan available for inspection by the Division of Cemeteries, assure that the identification of the deceased, as established by the cremation permit or subsequent confirming document, accompanies the remains of the deceased human being until the identity of the deceased is accurately and legibly inscribed on the containers in which the cremains are placed. From the time the crematory accepts delivery of the remains of a deceased human being until the time the crematory delivers the cremains as directed, the crematory shall be responsible for the remains of the deceased human being and for maintaining the identification of the remains.
(d)If a document confirming the identity of the deceased is required, it shall be provided by the person in control of disposition and may be in the form of, but not limited to:
(1)a signed affidavit from a licensed physician, a member of the family of the deceased human being, or the person in control of disposition; or
(2)a court order from the State Supreme Court within the county of the crematory.
(e)A copy of the cremation permit and the document confirming the identity of the deceased shall be retained in the permanent file of the crematory.
19 NYCRR 203.5 - Suitable container
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
(a)A crematory shall not accept delivery of the remains of a deceased human being unless delivered in either a ceremonial casket or a cremation container.
(b)A crematory shall only cremate remains in a cremation container.
(c)If the remains are not delivered in a cremation container, the crematory shall not accept delivery of the remains unless at the time of delivery the crematory receives a written acknowledgment and authorization signed by the person in control of disposition that said person has been notified that transfer of the remains to a cremation container will be required prior to cremation and that said person authorizes such transfer of the remains.
(d)The signed acknowledgment and authorization of the person in control of disposition shall be retained in the permanent file of the crematory.
19 NYCRR 203.6 - Opening container or removing or transferring remains
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
(a)The container holding the remains of the deceased human being shall be opened after delivery to the crematory only for the following purposes and only after the crematory first receives signed authorization for such action:
(1)to confirm the identity of the deceased;
(2)to assure that no material is enclosed which might cause injury to employees or damage to crematory property;
(3)to transfer the remains to a cremation container;
(4)to comply with any reasonable demand by members of the immediate family or the person in control of disposition; or
(5)to comply with the demand of a public officer in the discharge of the officer’s statutory duty.
(b)After delivery of the remains of a deceased human being to a crematory, any opening of the container or transfer or removal of remains may only be conducted by the licensed, registered funeral director, undertaker or registered resident delivering the remains of the deceased human being with the assistance of crematory personnel if necessary. The opening, transfer, or removal shall be performed in the presence of a witness who may be an employee or representative of the crematory. A record shall be made of the action taken, which record shall include the reason for such action, the signature of the person authorizing the action, the names of the persons conducting the opening, transfer or removal and the names of the witnesses thereof. In the case of a transfer of remains, the record shall also set forth the manner of disposition of the original container. The record shall be retained in the permanent file of the crematory.
(c)The person providing the signed authorization must be someone other than an employee, officer, trustee or other representative of the crematory. In the case of a removal of remains, the signed authorization shall be provided by the person in control of disposition or by a public officer discharging the officer’s statutory duty.
(d)The opening of a container or the transfer or removal of remains shall be conducted in privacy with dignity and respect and shall comply with all rules and regulations intended to protect the health and safety of crematory personnel.
19 NYCRR 203.7 - Commingling human remains
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
The cremation of remains of more than one deceased human being in a retort at any one time is unlawful, except upon written authorization signed by the persons making funeral arrangements and the persons in control of disposition, and the signed consent of the crematory, which record shall be retained in the permanent file of the crematory.
19 NYCRR 203.8 - Cleaning of retort
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
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 cremains and other remains shall be collected for final processing and placed into an individual container and not commingled with other cremains. The cremation permit shall be attached to the individual container prior to final processing.
19 NYCRR 203.9 - Final processing
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
(a)A magnet and sieve, or other appropriate method of separation, may be used to divide the cremains from incidental or foreign material.
(b)The incidental and foreign material of the cremation process shall be disposed of in a safe manner in compliance with all applicable Federal, State and local government sanitary rules and regulations.
(c)
(1)Unless the person in control of disposition and the crematory otherwise agree as set forth in paragraph (2) of this subdivision, the entire cremains shall be pulverized until no single fragment is recognizable as skeletal tissue.
(2)If the person in control of disposition requests in a signed and witnessed writing that a fragment of the cremains be preserved as recognizable skeletal tissue and provides a religious or cultural reason for the request, the crematory may consent in a signed writing to such a request. In that event, prior to pulverization of the cremains, the crematory may set aside a single fragment which is recognizable as skeletal tissue and which does not have any dimension greater than three inches. The remainder of the cremains shall be pulverized until no single fragment of the remainder is recognizable as skeletal tissue. The single fragment that is set aside must be combined again with the remainder of the cremains immediately after the remainder has been pulverized. The signed and witnessed writing from the person in control of disposition and the signed written consent of the crematory shall be retained in the permanent file of the crematory.
19 NYCRR 203.10 - Container size
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
After pulverization, the cremains shall be transferred to a sealable container or containers which shall have inside dimensions of suitable size to contain the entire cremains of the deceased human being.
19 NYCRR 203.11 - Identity label
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
The prescribed sealable container shall be accurately and legibly labeled with the identification of the human being whose cremains are contained therein, in compliance with the crematory’s approved written plan for identification of the deceased required by section 203.4(c) of this Part.
19 NYCRR 203.12 - Disposing of cremains
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
The cremains, enclosed in the manner prescribed by sections 203.10 and 203.11 of this Part, shall be disposed of in strict accordance with the direction of the person in control of disposition of the remains as set forth in the cremation authorization form, and in accordance with the provisions of section 4202(4) of the Public Health Law.
19 NYCRR 203.13 - Crematory records
Source version current through Apr 15, 2022
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
(a)Every crematory shall maintain a cremation log which shall set forth for each delivery of human remains received by the crematory:
(1)the name of the deceased;
(2)the place of death and the estimated combined weight of the remains and the container;
(3)the date and time the remains arrived at the crematory;
(4)the cremation number;
(5)the name of the funeral director, undertaker or registered resident delivering the human remains and the name and address of the funeral firm which the funeral director, undertaker or registered resident represents;
(6)the date and time the remains were cremated;
(7)if the remains were cremated more than 48 hours from the time the crematory accepted delivery of the remains, a detailed explanation showing good cause for the delay;
(8)the retort number in which the remains were cremated; and
(9)the type of container in which the remains were received and in which the remains were cremated.
(b)The cremation log shall be retained in the permanent file of the crematory.
(c)The cremation authorization form required by Not-for-Profit Corporation Law section 1517(c)(1) shall be in a form established by the director of the Division of Cemeteries; shall not be more than three sheets single-sided; shall not be larger than 8½ by 11 inches; and shall contain the following information:
(1)The name and address of the crematory;
(2)A clear, concise description of the cremation process, a statement that cremation is an irreversible and final process, and a statement that cremated remains generally are pulverized until no single fragment is recognizable as skeletal tissue;
(3)The name of the deceased as it appears on the cremation permit and the date, and place of death;
(4)The last address, age, sex and approximate weight of the deceased and type of container in which the remains of the deceased were delivered;
(5)The name of the funeral director and funeral firm that provided the cremation authorization to the crematory and the funeral director’s registration number;
(6)The name of the person in control of disposition of the remains of the deceased and the relationship between said person and the deceased;
(7)A statement attesting that the person in control of disposition has the right to authorize cremation of the remains of the deceased pursuant to section 4201 of the Public Health Law;
(8)Authorization for the crematory to cremate the remains of the deceased;
(9)A statement that the body of the deceased does not contain a battery, battery pack, power cell, radioactive implant, or radioactive device and that any such materials were removed prior to the execution of the cremation authorization form;
(10)The name of the person authorized to receive the cremains from the crematory;
(11)A declaration of intent with respect to the disposition of the cremains of the decedent and notification that the crematory may dispose of the cremains in an irretrievable manner if they are not claimed by any authorized person within 120 days of the cremation in accordance with section 1517(i) of the Not-for-Profit Corporation Law;
(12)The signature of the person in control of disposition attesting to the accuracy and completeness of the information and representations contained in the cremation authorization form; and
(13)The signature of the licensed, registered funeral director who obtained the cremation authorization as a witness to the execution of the cremation authorization form.
(d)The completed cremation authorization form shall be retained in the permanent file of the crematory.
(e)All crematory records, including records required by any federal, state or local government law or agency, as well as price lists, authorizations, crematory rules and regulations and other documents related to the practice of cremation, shall be open and available for inspection and copying during regular business hours by the Division of Cemeteries or its authorized representatives, in the discharge of their official duties.
19 NYCRR 203.14 - Emergency cases
Source version current through Apr 15, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
- Related Register notice
- DOS-20-20-00006-E · Emergency rule
- Related notice published
- May 20, 2020
- Related notice effective date
- May 1, 2020
Whenever the governor has declared a disaster emergency pursuant to section 28 of the Executive Law or the Cemetery Board determines that emergency conditions exist that substantially delay timely cremation of human remains, then, notwithstanding the requirements of section 203.13(c) of this Part, a crematory may accept human remains delivered with a cremation authorization form in which the intended crematory is not identified, is incorrect, or has been manually corrected by a funeral director or a person authorized to deliver remains on behalf of a funeral director, provided that the crematory is able to verify the intended final disposition for such human remains and provided the person in control of disposition has been made aware of and has consented to the transfer.
19 NYCRR 203.15 - Earlier source heading: [Repealed]
Related State Register notice: Adopted rule DOS-34-23-00010-A. Published Aug 7, 2024. Notice effective date: Aug 7, 2024.
Dates and status
- NYCRR title agency
- Department of State
- Section status
- Section source receipt
- Related Register notice
- DOS-34-23-00010-A · Adopted rule
- Related notice published
- Aug 7, 2024
- Related notice effective date
- Aug 7, 2024
Current section text is not available here.