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(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021; repealed L.L. 2023/151, 11/17/2023, eff. 5/15/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/153 and L.L. 2021/080.
Subchapter 7: Information with Respect to Funeral Costs
a. "Alternative container" means a non-metal receptacle or enclosure customarily not ornamented and designed for holding or transporting human remains.
b. "Cash advances" or "accommodations" means amounts advanced on the customer's behalf for various services and merchandise, including, but not limited to: cemetery or crematory charges, clergy honorarium, flowers, newspaper death notices, pall bearers, music, transportation charges, out-of-town funeral director's charges, hairdressers, bridge and road tolls, telephone and telegraph charges, gratuities.
c. "Casket" includes a coffin and means a rigid container designed for the encasement of human remains and customarily ornamented and lined with fabric.
d. "Customer" means any person, association or other entity who purchases or otherwise makes arrangements for the purchase of funeral services or merchandise, without intention of resale.
e. "Defacement" means any deliberate effort to make merchandise appear unattractive to customers including, but not limited to, displaying broken, soiled or defective merchandise.
f. "Funeral merchandise" means articles and supplies sold or offered for sale directly to the public, or used by funeral directors, incident to:
(1) the care and preparation of deceased human bodies for burial, cremation or other final disposition;
(2) the arrangement, supervision or conducting of the funeral ceremony.
g. "Funeral services" means services performed incident to:
(1) the care and preparation of deceased human bodies for burial, cremation, or other final disposition;
(2) the arrangement, supervision or conducting of the funeral ceremony and the final disposition of the deceased including, but not limited to, transporting the remains, securing necessary permits, embalming, arranging for death notices, and other funeral-related items.
h. "Funeral service establishment" means the premises used or held out as being used to care for and prepare for burial of the body of a deceased person or maintained as the office from which business is transacted by a funeral director or undertaker.
i. "Immediate cremation" means a disposition of human remains which includes the reduction of the remains by a heating process and which does not involve formal viewing or a prior funeral ceremony with the body present.
j. "Memorial society" means an unincorporated association or not-for-profit corporation which assists members in obtaining and making arrangements for funerals, cremations or other methods of disposition.
k. "Offered for sale" means making available for purchase or suggesting availability of merchandise or services for purchase by use of any advertising or promotional materials, including brochures, handbills, or calendars, or by the displaying of merchandise, or verbal or written expressions, direct or indirect, of a willingness to furnish services or merchandise to the public for a retail price.
l. "Outer interment receptacle" means any container or enclosure which is placed in the grave around the casket to protect the casket or to prevent the collapse of the grave including, but not limited to, receptacles commonly known as burial vaults, grave boxes, or grave liners.
m. "Provider of funeral services" means any person, partnership or corporation, or any employee or agent thereof, engaged in the business of selling or offering for sale, directly to the public, funeral services or funeral merchandise; of preparing deceased human bodies for burial, cremation or other final disposition; or of conducting or arranging funerals.
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