N.Y. Comp. Codes R. & Regs. tit. 19 § 201.19

Current through Register Vol. 46, No. 43, October 23, 2024

Section 201.19 - Disposition of Cremains at Pet Cemeteries

The owner of private property on which a pet cemetery licensed pursuant to General Business Law article 35-C is located and operated, and the operator of such pet cemetery may permit the disposition of cremains, as defined in N-PCL section 1502(i), in such pet cemetery without acting as a cemetery and without violating N-PCL article 15 and 19 NYCRR Parts 200 and 201 if:

(a) neither the property owner nor the pet cemetery identifies, advertises, or otherwise promotes the pet cemetery or the property as a place for disposition of cremains;

(b) neither the property owner nor the pet cemetery solicits, encourages or entices customers of the pet cemetery to dispose of cremains in the pet cemetery;

(c)neither the property owner nor the pet cemetery charges a fee in relation to the disposition of cremains;

(d) customers seeking to dispose of cremains in the pet cemetery are charged the same amounts for lots and for the disposition of pet remains as are charged to customers who do not seek to dispose of cremains in the pet cemetery;

(e) the pet cemetery provides the following printed notice:

(1) when a customer inquires about disposing of cremains in the pet cemetery, but before the customer commits to purchasing a lot with the right to dispose of cremains; and

(2) when a person with custody or control over cremains makes arrangements for the disposition of the cremains at the pet cemetery, but before such arrangements are finalized. The printed notice must be in 14 point bold font and must be contained in a document separate from all other forms and documents provided to the customer or the person making arrangements:

"This property is not a cemetery for human cremains.

Cremains disposed of on this property WILL NOT be covered by the protections and legal rights granted by New York State Law to cremains disposed of in a cemetery.

The family and descendants of the deceased WILL NOT be covered by the protections and legal rights granted by New York State Law to the family and descendants of deceased persons whose cremains are disposed of in a cemetery such as mandatory records of burials, rights of memorialization and restrictions on removals.

There is NO ASSURANCE under New York State Law that this property will be maintained in its current condition and for its current purpose.

There is NO ASSURANCE under New York State Law that this property will not be sold or transferred to another owner, or that access to this property will remain open to you, the family or the descendants of the deceased.

There is NO ASSURANCE under New York State Law that any burial plots or memorials for cremains on this property will be maintained or preserved for any period of time.

There is NO ASSURANCE under New York State Law that any cremains disposed of on this property will remain for any period of time in the location they were disposed, or on this property at all."

N.Y. Comp. Codes R. & Regs. Tit. 19 § 201.19

Adopted, New York State Register, Volume XXXVI, Issue 24, effective 6/18/2014