§ 5-102. Exemptions from title

   (a) In general. -- The registration and permitting provisions of this title do not apply to:

   (1) a person that owns and operates a bona fide religious-nonprofit cemetery in this State;

   (2) a cemetery owned by a not for profit organization created before 1900 by an act of the General Assembly;

   (3) a county, city, or municipal corporation that owns and operates a cemetery in the State;

   (4) a veterans' cemetery operated by the State; or

   (5) a private family cemetery that does not conduct public sales.

(b) Funeral establishments; funeral directors; morticians. -- This title does not apply to:

   (1) the operation of a funeral establishment, including the sale of burial goods in the ordinary course of the funeral establishment's business;

   (2) the operation or ownership of a crematory in which a person who is licensed and regulated under Title 7 of the Health Occupations Article owns a greater percentage of the crematory than a registered cemeterian, registered seller, or holder of a permit for the operation of a cemetery or burial goods business;

   (3) the operation or ownership of a crematory or incinerator at a licensed medical facility or educational institution;

   (4) a licensed funeral director acting within the scope of the funeral director's license; or

   (5) a mortician acting within the scope of the mortician's license.

HISTORY: 1997, ch. 675, § 2; 1998, chs. 151, 152; 1999, ch. 680; 2001, ch. 186, § 1; 2007, ch. 348, § 2; 2010, ch. 450; 2012, ch. 368.