N.Y.
Not-for-Profit Corporation Law Section 1502
Definitions
(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 Public Health Law § 4145 (Deaths)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 Public Health Law § 4201 (Disposition of remains)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 General Business Law § 750-A (Definitions)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.
Source:
Section 1502 — Definitions, https://www.nysenate.gov/legislation/laws/NPC/1502 (updated Jun. 30, 2023; accessed Dec. 21, 2024).
