(a) Embalming provisions.
(1) In selling or offering to sell funeral goods or
funeral services to the public, it is deceptive act or practice for
a funeral provider to:
(A) represent that state or local law requires that
a deceased person be embalmed when such is not the case; or
(B) fail to disclose that embalming is not required
by law except in certain special cases, if any.
(2) To prevent these deceptive acts or practices, as
well as the unfair or deceptive acts or practices defined in §203.49(b)(1)
of this title and §203.50(a) of this title, funeral providers
must:
(A) not represent that a deceased person is required
to be embalmed for:
(i) Direct cremation;
(ii) Immediate burial; or
(iii) A closed casket funeral without viewing or visitation
when refrigeration is available and when state or local law does not
require embalming; and
(B) Place the following disclosure on the general price
list, required by §203.46(b)(5) of this title, in immediate conjunction
with the price shown for embalming: "Except in certain special cases,
embalming is not required by law. Embalming may be necessary, however,
if you select certain funeral arrangements, such as a funeral with
viewing. If you do not want embalming, you usually have the right
to choose an arrangement that does not require you to pay for it,
such as direct cremation or immediate burial." The phrase "except
in certain special cases" need not be included in this disclosure
if state or local law in the area(s) where the provider does business
does not require embalming under any circumstances.
(b) Casket for cremation provisions.
(1) In selling or offering to sell funeral goods or
funeral services to the public, it is a deceptive act or practice
for a funeral provider to:
(A) represent that state or local law requires a casket
for direct cremations; or
(B) represent that a casket is required for direct
cremations.
(2) To prevent these deceptive acts or practices, as
well as the unfair or deceptive acts or practices defined in §203.49(a)(1)
of this title, funeral providers must place the following disclosure
in immediate conjunction with the price range shown for direct cremations:
"If you want to arrange a direct cremation, you can use an alternative
container. Alternative containers encase the body and can be made
of materials like fiberboard or composition materials (with or without
an outside covering). The containers we provide are (specify containers)."
This disclosure only has to be placed on the general price list if
the funeral provider arranges direct cremations.
(c) Outer burial container provisions.
(1) In selling or offering to sell funeral goods and
funeral services to the public, it is a deceptive act or practice
for a funeral provider to:
(A) represent that state or local laws or regulations,
or particular cemeteries, require outer burial containers when such
is not the case; or
(B) fail to disclose to persons arranging funerals
that state law does not require the purchase of an outer burial container.
(2) To prevent these deceptive acts or practices, funeral
providers must place the following disclosure on the outer burial
container price list, required by §203.46(b)(3)(A) of this title,
or, if the prices of outer burial containers are listed on the general
price list, required by §203.46(b)(5) of this title, in immediate
conjunction with those prices: "In most areas of the country, state
or local law does not require that you buy a container to surround
the casket in the grave. However, many cemeteries require that you
have such a container so that the grave will not sink in. Either a
grave liner or a burial vault will satisfy these requirements." The
phrase "in most areas of the country" need not be included in this
disclosure if state or local law in the area(s) where the provider
does business does not require a container to surround the casket
in the grave.
(d) General provisions on legal and cemetery requirements.
(1) In selling or offering to sell funeral goods or
funeral services to the public, it is a deceptive act or practice
for funeral providers to represent that federal, state, or local laws,
or particular cemeteries or crematories, require the purchase of any
funeral goods or funeral services when such is not the case.
(2) To prevent these deceptive acts or practices, as
well as the deceptive acts or practices identified in subsections
(a)(1), (b)(1), and (c)(1) of this section, funeral providers must
identify and briefly describe in writing on the Purchase Agreement
required by §203.47 of this title any legal, cemetery, or crematory
requirement which the funeral provider represents to persons as compelling
the purchase of funeral goods or funeral services for the funeral
which that person is arranging.
(e) Provisions on preservative and protective value
claims. In selling or offering to sell funeral goods or funeral services
to the public, it is a deceptive act or practice for a funeral provider
to:
(1) represent that funeral goods or funeral services
will delay the natural decomposition of human remains for a long-term
or indefinite time; or
(2) represent that funeral goods have protective features
or will protect the body from gravesite substances, when such is not
the case.
(f) Cash advance provisions.
(1) In selling or offering to sell funeral goods or
funeral services to the public, it is a deceptive act or practice
for a funeral provider to:
(A) represent that the price charged for a cash advance
item is the same as the cost to the funeral provider for the item
when such is not the case; or
(B) fail to disclose to persons arranging funerals
that the price being charged for a cash advance item is not the same
as the cost to the funeral provider for the item when such is the
case.
(2) To prevent these deceptive acts or practices: Funeral
providers must place the following sentence in the itemized Purchase
Agreement in immediate conjunction with the list of itemized cash
advance items required by §203.49 of this title: "We charge you
for our services in obtaining: (specify cash advance items)," if the
funeral provider makes a charge upon, or receives and retains a rebate,
commission or trade or volume discount upon a cash advance item.
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