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Federal Trade Commission Crematory and Direct Disposer Laws and Statutes

453.1 Definitions

Alternative container. An ‘‘alternative container’’ is an unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials.

Cash advance item. A ‘‘cash advance item’’ is any item of service or merchandise described to a purchaser as a ‘‘cash advance,’’ ‘‘accommodation,’’ ‘‘cash disbursement,’’ or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser’s behalf. Cash advance items may include but are not limited to; cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities and death certificates.

Cremation. ‘‘Cremation’’ is a heating process which incinerates human remains.

Crematory. A ‘‘crematory’’ is any person, partnership or corporation that performs cremation and sells funeral goods.

Direct cremation - A ‘‘direct cremation’’ is a disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present.

Funeral goods. ‘‘Funeral goods’’ are the goods which are sold or offered for sale directly to the public for use in connection with funeral services.

Funeral provider. A ‘‘funeral provider’’ is any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public.

Services of funeral director and staff. The ‘‘services of funeral director and staff’’ are the basic services, not to be included in prices of other categories in § 453.2(b)(4), that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices.

453.2 Price disclosures

Telephone price disclosure. Tell persons who ask by telephone about the funeral provider’s offerings or prices any accurate information from the price lists described in paragraphs (b)(2) through (4) of this section and any other readily available information that reasonably answers the question.

General price list. (A) Give a printed or typewritten price list for retention to persons who inquire in person about the funeral goods, funeral services or prices of funeral goods or services offered by the funeral provider. The funeral provider must give the list upon beginning discussion of any of the following: (1) The prices of funeral goods or funeral services; (2) The overall type of funeral service or disposition; or (3) Specific funeral goods or funeral services offered by the funeral provider.

The requirement in paragraph (b)(4)(A) of this section applies whether the discussion takes place in the funeral home or elsewhere. Provided, however, that when the deceased is removed for transportation to the funeral home, an in-person request at that time for authorization to embalm, required by § 453.5(a)(2), does not, by itself, trigger the requirement to offer the general price list if the provider in seeking prior embalming approval discloses that embalming is not required by law except in certain special cases, if any. Any other discussion during that time about prices or the selection of funeral goods or services triggers the requirement under paragraph (b)(4)(A) of this section to give consumers a general price list. (C) The list required in paragraph (b)(4)(A) of this section must contain at least the following information: (1) The name, address, and telephone number of the funeral provider’s place of business; (2) A caption describing the list as a ‘‘general price list’’; and (3) The effective date for the price list; (ii) Include on the price list, in any order, the retail prices (expressed either as the flat fee, or as the price per hour, mile or other unit of computation) and the other information specified below for at least each of the following items, if offered for sale: (A) Forwarding of remains to another funeral home, together with a list of the services provided for any quoted price; (B) Receiving remains from another funeral home, together with a list of the services provided for any quoted price; (C) The price range for the direct cremations offered by the funeral provider, together with: (1) A separate price for an immediate burial where the purchaser provides the casket; (2) Separate prices for each immediate burial offered including a casket or alternative container; and (3) A description of the services and container (where applicable) included in that price; (E) Transfer of remains to funeral home; (F) Embalming; (G) Other preparation of the body; (H) Use of facilities and staff for viewing; (I) Use of facilities and staff for funeral ceremony; (J) Use of facilities and staff for memorial service; (K) Use of equipment and staff for graveside service; (L) Hearse; and (M) Limousine. (iii) Include on the price list, in any order, the following information: (A) Either of the following: (1) The price range for the caskets offered by the funeral provider, together with the statement: ‘‘A complete price list will be provided at the funeral home.’’

453.3 Misrepresentations

Casket for cremation provisions—(1) Deceptive acts or practices. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to:  Represent that state or local law requires a casket for direct cremations; (ii) Represent that a casket is required for direct cremations. (2) Preventive requirements. To prevent these deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in § 453.4(a)(1), funeral providers must place the following disclosure in immediate conjunction with the price range shown for direct cremations: ‘‘If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are (specify containers).’’ This disclosure only has to be placed on the general price list if the funeral provider arranges direct cremations.

Cash advance provisions—(1) Deceptive acts or practices. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to:  Represent that the price charged for a cash advance item is the same as the cost to the funeral provider for the item when such is not the case; (ii) Fail to disclose to persons arranging funerals that the price being charged for a cash advance item is not the same as the cost to the funeral provider for the item when such is the case. (2) Preventive requirements. To prevent these deceptive acts or practices, funeral providers must place the following sentence in the itemized statement of funeral goods and services selected, in immediate conjunction with the list of itemized cash advance items required by § 453.2(b)(5)(B): ‘‘We charge you for our services in obtaining: (specify cash advance items),’’ if the funeral provider makes a charge upon, or receives and retains a rebate, commission or trade or volume discount upon a cash advance item.

453.4 Required purchase of funeral goods or funeral services

Casket for cremation provisions— (1) Unfair or deceptive acts or practices. In selling or offering to sell funeral goods or funeral services to the public, it is an unfair or deceptive act or practice for a funeral provider, or a crematory, to require that a casket be purchased for direct cremation.

Preventive requirement. To prevent this unfair or deceptive act or practice, funeral providers must make an alternative container available for direct cremations, if they arrange direct cremations.

453.6 Retention of documents

To prevent the unfair or deceptive acts or practices specified in §§ 453.2 and 453.3 of this rule, funeral providers must retain and make available for inspection by Commission officials true and accurate copies of the price lists specified in §§ 453.2(b) (2) through (4), as applicable, for at least one year after the date of their last distribution to customers, and a copy of each statement of funeral goods and services selected, as required by § 453.2(b)(5), for at least one year from the date of the arrangements conference.

453.8 Declaration of intent

(a) Except as otherwise provided in § 453.2(a), it is a violation of this rule to engage in any unfair or deceptive acts or practices specified in this rule, or to fail to comply with any of the preventive requirements specified in this rule; (b) The provisions of this rule are separate and severable from one another. If any provision is determined to be invalid, it is the Commission’s intention that the remaining provisions shall continue in effect. (c) This rule shall not apply to the business of insurance or to acts in the conduct thereof.