1. (a) A provider of companion animal cremation services must prepare a written explanation of the services offered, which may but need not be in the form of a brochure.

   The written explanation of services must include a detailed explanation of each service offered. For each type or level of cremation service offered, the written explanation of services shall disclose the specific services to be provided.

   If any part of the deceased companion animal will be removed, used, or sold by the provider before or after the cremation, the written explanation of services must disclose that fact.

2. (b) The written explanation of services must not include any false or misleading information. A written explanation of services is misleading if:

   1. (1) it fails to include a detailed explanation of the cremation services offered or fails to include, for each type or level of cremation service offered, any of the disclosures required under subsection (a);
   2. (2) it uses the term "private" or "individual" with respect to any communal cremation procedure or with respect to an individually partitioned cremation procedure that will cremate more than one companion animal at the same time;
   3. (3) it uses the term "individually partitioned" or "separate" with respect to a communal cremation process; or
   4. (4) it includes any text, picture, illustration, or combination thereof, or uses any layout, typography, or color scheme, in a way that is likely to lead a person of normal intelligence to misunderstand the nature of the services to be provided or to fail to read or understand certain parts of the written explanation of services.

3. (c) A provider of companion animal cremation services shall provide the written explanation of services, without charge:

   1. (1) to the owner of each deceased animal with whom the provider agrees to provide cremation services, or the person making cremation arrangements on the owner's behalf;
   2. (2) to all veterinarians, pet shops, and other persons or entities known to the provider who refer animal owners or bring deceased animals to the provider on a regular basis, in quantities sufficient for distribution by those persons or entities to the animal owners whose business is being referred or brought to the provider;
   3. (3) to the Office of the Attorney General, at least annually; and
   4. (4) to any other person upon request.

4. (d) The preparation or distribution by a provider of a written explanation of services that the provider knows or should know to be false or misleading constitutes a business offense, punishable by a fine of at least $1,001 but not more than $1,500 for a first offense and at least $2,000 but not more than $2,500 for each subsequent offense.

   A knowing failure to prepare or distribute a written explanation of services as required by this Section constitutes a business offense, punishable by a fine of at least $1,001 but not more than $1,500 for a first offense and at least $2,000 but not more than $2,500 for each subsequent offense.

(Source: P.A. 92-287, eff. 1-1-02.)