New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 203 - Crematory Regulations
Section 203.1 - Definitions

Current through Register Vol. 44, No. 38, September 21, 2022

(a) The term cremation means the technical process, using heat and flame, that reduces human remains to ashes and other residue. Cremation shall include the processing, and may include the pulverization, of such ashes and other residue.

(b) The term cremains means ashes and other residue recovered after the completion of cremation, which may include residue of foreign matter that may have been cremated with the human remains.

(c) The term casket includes coffin and means a rigid container that is designed for the encasement of human remains and customarily ornamented and lined with fabric.

(d) The term unfinished wooden box means an unornamented casket made of wood which does not have a fixed interior lining.

(e) The term alternative container means a nonmetal receptacle or enclosure, typically without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of cardboard, pressed wood, composition materials (with or without an outside covering) or pouches of canvas or other material.

(f) The term cremation container means an unfinished wooden box, wooden casket, or alternative container which is rigid on all sides, which can be closed to completely cover the remains of the deceased human being, which is sufficiently sturdy to lift and handle with ease and to support the weight of the deceased and which is fully combustible and intended to be incinerated with the human remains.

(g) The term ceremonial casket, also known as a rental casket, means a casket which is not intended to be incinerated with the human remains.

(h) The term crematory means a facility in which the remains of deceased human beings are processed by cremation, the business or entity operating the facility, or both, as the context requires.

(i) The term retort means the crematory furnace and chamber(s) by which and in which cremation occurs.

(j) The term temporary storage facility means an area that:

(1) is a separately enclosed room or a separately enclosed area within a room;

(2) is designated for and used exclusively for the retention of human remains prior to cremation;

(3) is adequately ventilated;

(4) complies with all applicable public health laws regarding the proper handling and storage of human remains and body fluids;

(5) is operated and maintained in a manner which protects the health and safety of crematory personnel;

(6) is secure from access by anyone other than authorized persons; and

(7) the interior of which is not visible from any area accessible to the general public.

(k) The term cremation permit means the burial and removal permit required pursuant to section 4145 of the Public Health Law that is annotated for disposition of the remains of a deceased human being by cremation.

(l) The term person in control of disposition means the person who has the right to control the disposition of the remains of a decedent pursuant to Public Health Law section 4201.

(m) The term funeral firm means an individual, partnership, corporation or estate representative engaged in the business and practice of funeral directing.

(n) The term funeral home, also known as a funeral establishment, means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes.

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