§ 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.

HISTORY: 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; 2012, chs. 500, 501.