BILL NUMBER:S817        REVISED MEMO 01/21/2015

TITLE OF BILL:  An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE:

To give families of deceased individuals the option of consuming food
and beverages in a funeral home.

SUMMARY OF PROVISIONS:

Adds new Public Health Law § 3444 to provide that a funeral
establishment may provide space, facilities, equipment or supplies for
the preparation, sale, service, distribution, or consumption of food
or beverages in the funeral establishments to or by persons in the
funeral establishment for the purpose of arranging for, attending, or
participating in the care and preparation of a body of a deceased
person for disposition, mourning, a funeral or memorial ceremony or
service, or an open house or similar community function.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment may prepare beverages and may serve food
or beverages under this section.

              

This would not be allowed in the embalming or preparation rooms, nor
include alcoholic beverages unless required by the decedent's or
families religion.

JUSTIFICATION:

For several decades, NYS regulation has had a wide-ranging prohibition
on allowing any type of food or beverage in a funeral home, including
water. This outright blanket ban was put into place at a time when the
serving and consumption of food and beverages was limited almost
exclusively to restaurants, dining halls and, of course, homes.
Indeed, the regulation was supported at that time by the funeral
service sector.  This bill would over-ride that that regulation.

However, whether in rural, suburban or metropolitan areas of New York
State, our citizens' expectations and preferences have changed greatly
since the 1950's, bringing about a current time and place where the
very presence and consumption of food and beverages is part and parcel
of virtually every type of gathering or event. This most certainly
includes funeral and memorial services, which themselves have
transformed from strictly solemn events to occasions where the
deceased is remembered through more of a life celebration.

With this in mind, it is a most appropriate time in our societal
anthology to permit funeral directors to provide additional comfort to
the family, friends and loved ones of a deceased person by allowing
them to make available food and/or beverages to these grieving
individuals right in the funeral home.

This bill would provide a modicum of regulatory relief to our funeral
firms and, in so doing, would allow families to consume food and


beverages in a funeral home, providing some needed additional comfort
at a time of need.

The bill would rightfully prohibit any food or beverage in a funeral
home's embalming and preparation room. Alcoholic beverages would also
be prohibited in a funeral establishment, unless religious practices
demand otherwise.

LEGISLATIVE HISTORY:

2014: S. 7747B Passed Senate; A. 9950 Referred to Health

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:  none.

EFFECTIVE DATE:

180 days after it becomes a law.

                                 BILL NUMBER:  S817B

 TITLE OF BILL :  An act to amend the public health law, in relation
to food service in funeral establishments

 PURPOSE :

To give families of deceased individuals the option of consuming food
and beverages in a funeral home.

 SUMMARY OF PROVISIONS :

Section 1 adds a new Public Health Law section § 3444 to provide that
a funeral establishment may provide space, facilities, equipment or
supplies for the preparation, sale, service, distribution, or
consumption of food or nonalcoholic beverages, limited to incidental
refreshments, in the funeral establishment to or by persons in the
funeral establishment for the purpose of a funeral or memorial
ceremony or service.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment and catering employees are limited to
preparing non-alcoholic beverages and may serve incidental food or
nonalcoholic beverages under this section.

              

Food and beverage service would not be allowed in the embalming or
preparation rooms. The Commissioner of Health is directed to make
regulations necessary to implement this act.

 JUSTIFICATION :

Currently 48 states do not prohibit food and beverage in funeral
homes. For several decades, NYS regulations have banned the serving of
any type of food or beverage in a funeral home, including water.

This legislation would allow the option of funeral homes serving food
and nonalcoholic beverages in connection with a funeral. It further
specifies the conditions for food and beverage service. It would allow
the serving of incidental food (baked goods, sandwiches, snacks and
platters) and non-alcoholic beverages. It allows the services of a
caterer not owned by or affiliated with the funeral establishment.
Funeral Home employees and catering employees are specifically limited
to preparing beverages and may serve incidental refreshments or
nonalcoholic beverages. This legislation would allow funeral homes to
work in tandem with local restaurants/caterers in instances when food
and/or beverages are requested by the deceased's family. The
Commissioner of Health is authorized and directed to establish
regulations to implement these provisions. Food or beverage service
would be prohibited in a funeral home's embalming and preparation
rooms.

Today visiting or calling hours can run for several hours. Funeral
homes would have the option of being able to provide refreshments on
site such as baked goods, water and coffee which would provide
nourishment to sustain the family of the deceased at their time of
need. This would be especially helpful for elderly family members
during these long hours.

The option of funeral homes providing incidental food and nonalcoholic
beverages would also be helpful for families in rural areas where
other food options are not easily accessible.

 LEGISLATIVE HISTORY :

2015: S817A Advanced to Third Reading
2014: S.7747B Passed Senate; A. 9950 Referred to Health

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

none.

 EFFECTIVE DATE :
180 days after it becomes a law.