Section 5-101 - Definitions.
§ 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.
[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.]