Current through the 2024 Fourth Special Session
Section 58-9-617 - Final disposition of remains from the alkaline hydrolysis process(1)(a) An authorizing agent shall provide the person with whom alkaline hydrolysis arrangements are made with a signed statement specifying the final disposition of the remains from the alkaline hydrolysis process, if known.(b) The funeral service establishment shall retain a copy of the statement.(2)(a) The authorizing agent is responsible for the final disposition of the remains from the alkaline hydrolysis process.(b) If the authorizing agent or the agent's representative has not specified the ultimate disposition of or claimed the remains from the alkaline hydrolysis process within 60 days from the date of the alkaline hydrolysis process, the funeral service establishment may dispose of the remains in any manner permitted by law, except scattering.(c) The authorizing agent shall reimburse the funeral service establishment for all reasonable costs incurred in disposing of the remains from the alkaline hydrolysis process under Subsection (2)(b).(d) The person or entity disposing of remains from the alkaline hydrolysis process under this section: (i) shall make and keep a record of the final disposition of the remains; and(ii) is discharged from any legal obligation or liability concerning the remains once the final disposition has been made.(3)(a) An authorizing agent may direct a funeral service establishment to dispose of or arrange for the final disposition of remains from the alkaline hydrolysis process: (i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;(ii) by scattering the remains over uninhabited public land, the sea, or other public waterways subject to health and environmental laws and regulations; or(iii) in any manner on the private property of a consenting owner.(b) If remains from the alkaline hydrolysis process are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the funeral service establishment with the written consent of the property owner before disposal of the remains.(c) In order to scatter remains from the alkaline hydrolysis process under Subsection (3)(a)(ii) or (iii), the remains must be reduced to a particle size of one-eighth inch or less and removed from the remains' closed container.(4) Under this section, a funeral service establishment may not release remains from the alkaline hydrolysis process to the authorizing agent or the agent's designated representative for scattering until the funeral service establishment is given a receipt that shows the proper filing has been made with the local registrar of births and deaths.Added by Chapter 326, 2018 General Session ,§ 11, eff. 5/8/2018.