New York Public Health Law Section 4202 - Cremated remains; disposition.

4202. Cremated remains; disposition. 1. Every body delivered to a cemetery for cremation shall be accompanied by a statement from a physician, coroner, or medical examiner certifying that such body does not contain a battery or power cell. The person in charge of a cemetery may refuse to cremate a body unless accompanied by such statement.

2. Cremated remains means human remains after incineration in a crematory.

3. An institution authorized by article forty-two or forty-three of this chapter to receive unclaimed cadavers or anatomical gifts, notwithstanding any other provision of law, may prepare or preserve cadavers in its lawful possession for purposes of research, study or anatomical instruction and may cremate the cadavers or dissected remains of such cadavers after the completion of such research, study or anatomical instruction thereon; provided, however, that cremation shall be performed only in a retort used exclusively for such purpose. For the purposes of the provisions of this subdivision, such institution shall not be subject to article fifteen of the not-for-profit corporation law.

4. At the time of the arrangement for a funeral performed by any undertaker or funeral director, the person contracting for funeral services shall designate his intentions with respect to the disposition of the remains of the deceased in a signed declaration of intent on a form as designated by the department which shall be provided by and retained by the undertaker. Every undertaker, administrator, executor, authorized representative of a deceased person, corporation, company or association, or other person having in his or its lawful possession cremated remains, except such remains committed to his or its care for permanent interment, which remains shall not have been claimed by a relative or friend of the deceased person within one hundred twenty days from the date of cremation, may dispose of such remains by placement in a tomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery, or scattering of the remains at sea or by otherwise disposing of such remains as provided by rule of the department. A record of such disposition shall be made and kept by the person making such disposition. Upon disposing of such remains in the manner prescribed above, such person shall be discharged from any legal obligation or liability in relation to such remains.

Last modified: February 3, 2019