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This entry was published on 2023-06-30
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SECTION 1502
Definitions
Not-for-Profit Corporation (NPC) CHAPTER 35, ARTICLE 15
§ 1502. Definitions. As used in this article:

(a) The term "cemetery corporation" means any corporation formed under
a general or special law for the disposal or burial of deceased human
beings, by cremation, natural organic reduction or in a grave,
mausoleum, vault, columbarium or other receptacle but does not include a
family cemetery corporation or a private cemetery corporation.

(b) The term "lot owner" or "owner of a lot" means any person having a
lawful title to the use of a niche, crypt, lot, plot or part thereof, in
a cemetery, mausoleum or columbarium.

(c) The term "cemetery board" means the cemetery board in the division
of cemeteries in the department of state.

(d) A public mausoleum, crematory, natural organic reduction facility
or columbarium shall be included within the term "cemetery".

(e) The sale of a lot, plot or part thereof, grave, niche or crypt
shall mean the sale of the right of use thereof for burial purposes.

(f) The term "monuments" means a memorial erected in a cemetery on a
lot, plot or part thereof, except private mausoleums.

(g) The term "interment" means the permanent disposition of human
remains by inurnment, entombment or ground burial.

(h) 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.

(i) 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.

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

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

(l) The term "crematory" means a facility or portion of a building in
which the remains of deceased human beings are processed by cremation.

(m) The term "holding facility" or "temporary storage facility" means
an area that (i) is designated for the retention of human remains prior
to cremation or natural organic reduction; (ii) complies with all
applicable public health laws, (iii) preserves the health and safety of
the crematory or natural organic reduction facility personnel; and (iv)
is secure from access by anyone other than authorized persons. The
interior of such facility shall not be visible from any area accessible
to the general public.

(n) The terms "cremation permit" and "natural organic reduction
permit" mean the burial and removal permit required pursuant to section
forty-one hundred forty-five of the public health law that is annotated
for disposition of the remains of a deceased human being by cremation or
natural organic reduction.

(o) The terms "cremation authorization" and "natural organic reduction
authorization" mean the crematory or natural organic reduction form
authorizing a cremation or natural organic reduction which is signed by
the next of kin or authorizing agent. This crematory or natural organic
reduction form must be a separate document and cannot be a part of
another form or document.

(p) The term "authorizing agent" shall mean the person with the right
to control the disposition of the decedent pursuant to section forty-two
hundred one of the public health law.

(q) The term "pet cremated remains" means ashes and/or other residue
recovered after the completion of cremation of any domestic animal that
has been adapted or tamed to live in intimate association with people
where such cremation has occurred at a pet crematorium as defined in
section seven hundred fifty-a of the general business law.

(r) The term "nonsectarian burial society" means a corporation or
unincorporated association or society having among its activities or its
former activities the provision of burial benefits for its members and
not supervised or controlled by a religious corporation.

(s) The term "religious burial society" means a corporation or
unincorporated association or society having among its activities or its
former activities the provision of burial benefits for its members and
supervised or controlled by a religious corporation.

(t) The term "natural organic reduction" means the contained,
accelerated conversion of human remains to soil.

(u) The term "natural organic reduction facility" means a structure,
room, or other space in a building or real property where natural
organic reduction of a human body occurs.