(a)

1. (1) The authorizing agent shall be required to provide the person with whom cremation arrangements are made, a signed statement specifying the disposition of the cremated remains.
2. (2) A copy of this statement shall be retained by the crematory authority.

(b)

1. (1) The authorizing agent is responsible for the disposition of the cremated remains.
2. (2) If, after a period of ninety (90) days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the disposition authority or the person in possession of the cremated remains may dispose of the cremated remains in any manner permitted by law.
3. (3) The authorizing agent shall be responsible for reimbursing the disposition authority for all reasonable expenses incurred in disposing of the cremated remains pursuant to this section.
4. (4) All records relating to such a disposition shall be maintained by the person making such disposition.
5. (5) Examples of records to be maintained include written documentation of the type of disposition and any invoices or receipts for goods and services that were necessary to carry out the disposition.

(c)

1. (1) In addition to disposing of cremated remains in a crypt, niche, grave or scattering garden located in a dedicated cemetery, or by scattering over uninhabited public lands, the sea or other public waterways, cremated remains may be disposed of in any manner on the private property of a consenting owner, upon direction of the authorizing agent.
2. (2) If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the disposition authority with the written consent of the property owner.
3. (3) Prior to scattering cremated remains, the remains must be reduced to a particle size of one-eighth inch (1/8”) or less.
4. (4) A person may use a boat or an airplane to perform the scattering, and cremated remains shall be removed from their closed container before they are scattered.

(d) Except with the express written permission of the authorizing agent no person licensed by the board shall:

1. (1)

   1. (A) Dispose of or scatter cremated remains in such a manner or in such a location that the cremated remains are commingled with those of another person.
   2. (B) The provisions of this subdivision shall not apply to the scattering of cremated remains at sea or by air from individual closed containers or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for such purposes; or

2. (2)

   1. (A) Place cremated remains of more than one (1) person in the same closed container.
   2. (B) This subdivision shall not apply to placing the cremated remains of members of the same family in a common closed container designed for the cremated remains of more than one (1) person.

(e)

1. (1) Cremated remains shall be delivered by the crematory authority to the individual specified by the authorizing agent on the cremation authorization form.
2. (2) The representative of the crematory authority and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased and the date, time, and place of the receipt.
3. (3) The crematory authority shall retain a copy of this receipt.
4. (4) After this delivery, the cremated remains may be transported in any manner in this state, without permit, and disposed of in accordance with the provisions of Arkansas law and this part.