Title HSC, California Health & Safety Code

(a) “Processing” means the removal of foreign objects, pursuant to Section 7051, and the reduction of the particle size of cremated remains or hydrolyzed human remains by mechanical means, including, but not limited to, grinding, crushing, and pulverizing to a consistency appropr…

“Residue” means human ashes, bone fragments, prostheses, and disintegrated material from the chamber itself, imbedded in cracks and uneven spaces of a cremation chamber, that cannot be removed through reasonable manual contact with sweeping or scraping equipment. Material left in…

(a) “Scattering” means the authorized dispersal of cremated remains or hydrolyzed human remains at sea, in other areas of the state, or commingling in a defined area within a dedicated cemetery, in accordance with this part. (b) This section shall become operative on July 1, 2020…

(a) “Integrate into the soil” means the authorized addition and mixing of reduced human remains with existing soil in a defined area within a dedicated cemetery, conservation area, property where the person who has control over the disposition of the reduced human remains has obt…

(a) “Inurnment” means placing cremated remains or hydrolyzed human remains in a cremated remains container or hydrolyzed human remains container suitable for placement, burial, or shipment. (b) “Inurnment” also means placing reduced human remains in a reduced human remains contai…

(a) “Placement” means the placing of a container holding cremated remains or hydrolyzed human remains in a crypt, vault, or niche. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 41) and added by Stats. 2017, Ch. 846, Sec. 42. (AB 967) Effective Januar…

“Entombment” means the process of placing human remains in a crypt or vault. (Amended by Stats. 2001, Ch. 436, Sec. 10. Effective January 1, 2002.)

“Burial” means the process of placing human remains in a grave. (Amended by Stats. 2001, Ch. 436, Sec. 11. Effective January 1, 2002.)

“Grave” means a space of earth in a burial park, used, or intended to be used, for the disposition of human remains. (Amended by Stats. 2001, Ch. 436, Sec. 12. Effective January 1, 2002.)

(a) “Crypt” or “vault” means a space in a mausoleum of sufficient size, used or intended to be used, to entomb human remains that have been neither cremated nor hydrolyzed. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 43) and added by Stats. 2017, C…

(a) “Niche” means a space in a columbarium used, or intended to be used, for the placement of cremated human remains or hydrolyzed human remains. (b) This section shall become operative on July 1, 2020. (Repealed (in Sec. 45) and added by Stats. 2017, Ch. 846, Sec. 46. (AB 967) E…

(a) “Hydrolysate” means the resultant liquid from the hydrolysis of human remains, which liquid is a sterile, benign, micronutrient-rich solution consisting of sugars, salts, peptides, and amino acids. Hydrolysate and calcium phosphate “ashes” are the two end results from the alk…

“Cemetery authority” includes cemetery association, corporation sole, limited liability company, or other person owning or controlling cemetery lands or property. (Amended by Stats. 2008, Ch. 114, Sec. 3. Effective January 1, 2009.)

“Cemetery corporation,” “cemetery association,” or “cemetery corporation or association,” means any corporation now or hereafter organized which is or may be authorized by its articles to conduct any one or more or all of the businesses of a cemetery, but do not mean or include a…

“Cemetery business,” “cemetery businesses,” and “cemetery purposes” are used interchangeably and mean any and all business and purposes requisite to, necessary for, or incident to, establishing, maintaining, operating, improving, or conducting a cemetery, interring human remains,…

“Directors” or “governing body” means the board of directors, board of trustees, or other policymaking body of a cemetery association. (Amended by Stats. 2001, Ch. 436, Sec. 15. Effective January 1, 2002.)

“Lot,” “plot,” or “interment plot” means space in a cemetery, used or intended to be used for the interment of human remains. Such terms include and apply to one or more than one adjoining graves, one or more than one adjoining crypts or vaults, or one or more than one adjoining …

“Plot owner,” “owner,” or “lot proprietor,” means any person in whose name an interment plot stands of record as owner, in the office of a cemetery authority. (Amended by Stats. 1939, Ch. 339.)

“Permit for Disposition of Human Remains” includes “burial permit” and is a permit, issued pursuant to law, for the interment, disinterment, removal, reinterment or transportation of human remains. (Amended by Stats. 1957, Ch. 363.)

“Disposition” means the interment, integration into soil, or scattering of human remains within California, or the shipment outside of California, for lawful interment, integration into soil, or scattering elsewhere, including release of remains pursuant to Section 103060. (Amend…

The definitions set forth in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 shall be applicable to this division. (Amended by Stats. 2001, Ch. 436, Sec. 23. Effective January 1, 2002.)

Incorporated cities, and for unincorporated towns the supervisors of the county, may survey, lay out, and dedicate for burial purposes not exceeding five acres of public lands situated in or near the city or town. The survey, description, and a certified copy of the order made co…

The City of Simi Valley may survey, lay out, dedicate, own, and operate for burial purposes, or may purchase, or receive by gift or donation, five acres or more of public lands to be used as a public cemetery. (Added by Stats. 2008, Ch. 126, Sec. 1. Effective January 1, 2009.)

The title to lands situated in or near any city and used by the inhabitants without interruption as a cemetery for five years is vested in the inhabitants of the city and the lands shall not be used except as a public cemetery. (Amended by Stats. 1939, Ch. 339.)

The inhabitants of any city may by subscription or otherwise purchase or receive by gift or donation, lands not exceeding five acres to be used as a cemetery, the title to be vested in the inhabitants, which lands when once dedicated to use for burial purposes, shall not thereaft…

The governing body having control of a public cemetery shall require a register of name, age, birthplace, date of death, and burial of every body interred therein, to be kept by the sexton or other officer. The register shall be open to public inspection. (Enacted by Stats. 1939,…

The public cemeteries of cities, towns, or neighborhoods or of fraternal or beneficial associations or societies shall be inclosed and laid off into plots. (Enacted by Stats. 1939, Ch. 60.)

The general management, conduct, and regulation of burials, the disposition of plots, and keeping the plots in order, are under the jurisdiction and control of the city owning the cemetery. (Amended by Stats. 1939, Ch. 339.)

If not owned by a city or by a fraternal or beneficial association or society, public cemeteries are under the jurisdiction and control of the board of supervisors of the county in which they are situated. (Enacted by Stats. 1939, Ch. 60.)

Public cemeteries of fraternal or beneficial associations or societies are under the jurisdiction of and controlled and managed by the associations or societies or by trustees appointed by them. (Enacted by Stats. 1939, Ch. 60.)

The authorities having jurisdiction and control of cemeteries may make and enforce general rules and regulations, and appoint sextons or other officers to enforce obedience to the rules and regulations, with such powers and duties regarding the cemetery as may be necessary. (Enac…

No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or city and county where burials in the cemetery have been had within five years prior thereto, without the consent of the p…

Notwithstanding any other provision of law, the Department of Water Resources may sell plots in any cemetery which is owned by the department on a nonendowment care basis to a relative of the third degree or less of any person buried in such cemetery. (Added by Stats. 1968, Ch. 8…

Any city, including a chartered city, that owns and operates a cemetery may maintain a proceeding in the superior court of the county in which the cemetery is located to have any plot in the cemetery declared abandoned if the present owner of the plot is unknown to the city and a…

A cemetery owned and operated by a city, county, or city and county shall not engage in the business of selling monuments or markers, and its officers and employees who manage, operate, or otherwise maintain such cemetery on a day-to-day basis shall not engage in the private busi…

Except as provided in subdivision (c) of this section, the provisions of this part do not apply to any of the following: (a) Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or …

As used in Section 8250 of this code, a public cemetery is a cemetery owned and operated by a city, county, city and county, or public cemetery district. (Added by Stats. 1953, Ch. 386.)

The provisions of this part do not affect the corporate existence of any cemetery organized under any law then existing prior to August 14, 1931, and as to such cemeteries, and their rights, the laws under which the corporation was organized and existed and under which such right…

It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within this state except by means of a corporation or limited liability company duly organized for these purposes. (Amended by S…

The powers, privileges, duties and restrictions conferred and imposed upon any corporation, firm, copartnership, association, trust or individual, existing and doing business under the laws of this State, are hereby enlarged or modified as each particular case may require to conf…

This part shall be known and may be cited as the Public Cemetery District Law. (Repealed and added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)

(a) The Legislature finds and declares all of the following: (1) There is a continuing need to provide for the respectful and cost-effective interment of human remains to meet the cultural, economic, religious, and social needs of California’s diverse communities. (2) The Legisla…

The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have the following meanings: (a) “Active militia” means the active militia as defined by Section 120 of the Military and Vete…

(a) This part provides the authority for the organization and powers of public cemetery districts. This part succeeds the former Part 4 (commencing with Section 8890), as added by Chapter 60 of the Statutes of 1939, as subsequently amended, and any of its statutory predecessors. …

This part is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes. (Repealed and added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)

If any provision of this part or the application of any provision of this part in any circumstance or to any person, city, county, special district, school district, the state, or any agency or subdivision of the state is held invalid, that invalidity shall not affect other provi…