S.D. Codified Laws § 34-26A-1

Current through the 2024 Legislative Session

Section 34-26A-1 - Definitions

Terms used in this chapter mean:

(1) "Alternative container," a receptacle into which a decedent is placed for transport to a crematory and cremation and which:

(a) Is made of combustible material;

(b) Provides complete covering for the decedent;

(c) Is impermeable;

(d) Is sufficiently rigid for handling; and

(e) Provides protection for the health and safety of crematory personnel;

(2) "Cremated remains," all human remains recovered upon completion of the cremation process, together with the residual of:

(a) The container used for the cremation, if combustible;

(b) Dental work; and

(c) Combustible personal effects;

(3) "Cremation," the process of:

(a) Using heat and flame to reduce human remains to ashes and bone fragments; and

(b) The subsequent pulverization of any remaining bone fragments;

(4) "Cremation chamber," the enclosed space within which the cremation process occurs;

(5) "Crematory," the building or portion of a building that houses the cremation chamber and the holding facility;

(6) "Holding facility," an area that is within or adjacent to a crematory, designated for the retention of decedents prior to their cremation, and secure from access by unauthorized persons;

(7) "Processing," the reduction of identifiable bone fragments to unidentifiable bone fragments; and

(8) "Temporary container," a receptacle made of cardboard, plastic film, or similar material, intended for the purpose of holding cremated remains until an urn or other permanent container is acquired.

SDCL 34-26A-1

SL 1988, ch 283, § 1; SL 1989, ch 298, §§ 1, 2; SL 1998, ch 211, §§1 to 3; SL 2023, ch 129, §2.

Amended by S.L. 2023, ch. 129,s. 2, eff. 7/1/2023.