1. (a) Pursuant to Sections 7639.10 and 7712.6 of the Code, every contract shall be in writing and shall contain all of the agreements of the parties. Such a contract shall clearly state the following:

   1. (1) The total contract price.
   2. (2) Terms of payment.

   3. (3) An itemized statement of charges including, as applicable, the following:

      1. (A) Charges for preparation of the body.
      2. (B) Charges for storage.
      3. (C) Charges for permits.
      4. (D) Charges for cremation or hydrolysis and disposition.
      5. (E) Charges for transportation.
      6. (F) Any other charges, which shall be particularized.

2. (b) Any contract, arrangement or plan for the prearrangement of cremation or cremation services or hydrolysis or hydrolysis services shall provide in sufficient detail the manner in which funds paid on account of such arrangements are to be handled including, but not limited to, the following:

   1. (1) The name or names of the persons, firm or entity with custodial responsibility for such funds.
   2. (2) The manner in which such funds and earnings thereon are held.
   3. (3) A provision that any such prearrangement is wholly revocable at any time and that the person establishing such arrangement may recover funds and earnings thereon. Such funds, less an amount not to exceed ten (10) percent of the earned income as a revocation fee, shall be furnished to the person establishing such arrangement within fifteen (15) days of receipt of a notice of revocation as provided in the prearrangement contract.

Note: Authority cited: Sections 7606 and 7639.08, Business and Professions Code. Reference: Sections 7639.10 and 7712.6, Business and Professions Code.

History

1. New section filed 6-25-80; effective thirtieth day thereafter (Register 80, No. 26).

2. Amendment of Note filed 8-24-82; effective thirtieth day thereafter (Register 82, No. 35).

3. Change without regulatory effect amending subsections (a) and (b)(3) filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).

4. Amendment of section heading and subsections (a), (a)(3)(D) and (b) and amendment of Note filed 6-17-2021; operative 6-17-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 25). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.