Md. Code Ann., Bus. Reg. § 5-101
Definitions
Effective Oct 1, 2024Added by Acts 1992, c. 4, § 2. Amended by Acts 1997, c. 675, § 2, eff. Oct. 1, 1997; Acts 1999, c. 12, § 1, eff. Oct. 1, 1999; Acts 2001, c. 186, § 1, eff. July 1, 2001; Acts 2010, c. 450, § 1, eff. Oct. 1, 2010; Acts 2012, c. 500, § 1, eff. Oct. 1, 2012; Acts 2012, c. 501, § 1, eff. Oct. 1, 2012; Acts 2015, c. 349, § 1, eff. Oct. 1, 2015; Acts 2023, c. 591, § 1, eff. Oct. 1, 2023; Acts 2024, c. 599, § 1, eff. Oct. 1, 2024; Acts 2024, c. 600, § 1, eff. Oct. 1, 2024.State of Maryland
- (a) In this title the following words have the meanings indicated.
- (b) “Alkaline hydrolysis” means the process of reducing human remains using water, alkaline chemicals, and heat inside a watertight vessel to accelerate decomposition.
- (c) “Authorizing agent” has the meaning stated in § 5-508 of the Health--General Article.
(d)
- (1) “Burial goods” means goods that are used in connection with burial.
(2) “Burial goods” includes:
- (i) a casket;
- (ii) a grave liner;
- (iii) a memorial;
- (iv) a monument;
- (v) a scroll;
- (vi) an urn;
- (vii) a vase; and
- (viii) a vault.
- (e) “Burial goods business” means a business that provides burial goods.
(f)
- (1) “Cemetery” means land used or to be used for interment.
- (2) “Cemetery” includes a structure used or to be used for interment.
- (g) “Cremation” means the disposition of a dead human body by means of incineration.
- (h) “Crematory” means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation or alkaline hydrolysis.
- (i) “Director” means the Director of the Office of Cemetery Oversight.
(j) “Engage in the operation of a cemetery” means owning, controlling, or managing a cemetery, including performing activities necessary for:
- (1) the establishment, improvement, care, preservation, or embellishment of a cemetery;
- (2) interment; and
- (3) the providing of burial space or burial goods.
(k)
- (1) “Engage in the operation of a crematory” means controlling or managing a crematory.
(2) “Engage in the operation of a crematory” does not include:
- (i) the practice of funeral direction or the practice of mortuary science; or
(ii) 1. assistance in making decisions and filling out forms that are not directly related to cremation;
- 2. obtaining vital statistics, signatures, and other information necessary to complete a death certificate;
- 3. transportation of a body to the place of disposition; or
- 4. any other services regarding the disposition of a body that are not directly related to cremation.
(l)
- (1) “Engage in the operation of a reduction facility” means controlling or managing a reduction facility.
(2) “Engage in the operation of a reduction facility” does not include:
- (i) the practice of funeral direction or the practice of mortuary science; or
(ii) 1. assistance in making decisions and filling out forms that are not directly related to natural organic reduction;
- 2. obtaining vital statistics, signatures, and other information necessary to complete a death certificate;
- 3. transportation of a body to the place of disposition; or
- 4. any other services regarding the disposition of a body that are not directly related to natural organic reduction.
- (m) “Funeral establishment” means a building, structure, or premises from which the business of funeral directing or embalming is conducted.
(n)
(1) “Human remains” means:
- (i) the body of a deceased person; or
- (ii) a part of a body or limb that has been removed from a living person.
- (2) “Human remains” includes the body or part of a body or limb in any state of decomposition.
- (3) “Human remains” does not include soil remains produced after the completion of natural organic reduction.
- (o) “Hydrolyzed remains” means the bone fragments produced by the completion of alkaline hydrolysis.
(p) “Interment” means all final disposition of human remains or pet remains, including:
- (1) earth burial;
- (2) mausoleum entombment; and
- (3) niche or columbarium interment.
- (q) “Natural organic reduction” means the contained accelerated conversion of human remains into soil.
- (r) “Office” means the Office of Cemetery Oversight.
(s) “Permit” means a permit issued by the Director to allow a partnership, limited liability company, or corporation to operate a business through which a registrant may:
- (1) engage in the operation of a cemetery or crematory; or
- (2) provide burial goods.
(t)
- (1) “Pet remains” means the body of a deceased animal that was kept as a pet.
- (2) “Pet remains” includes the body of a pet or a part of a pet's body in any state of decomposition or the body of a pet after having been cremated.
(u)
- (1) “Preneed goods” means burial goods that are sold before the buyer's death.
- (2) “Preneed goods” does not include burial space.
(v) “Provide burial goods” means a retail transaction:
- (1) to erect, service, or inscribe burial memorials; or
- (2) to sell burial goods.
- (w) “Reduction facility” means a building, portion of a building, or structure that houses the necessary appliances, containers, and facilities for performing natural organic reduction.
- (x) “Registered cemeterian” means an individual registered to operate a cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
- (y) “Registered crematory operator” means an individual registered to operate a crematory as a sole proprietor or on behalf of a sole proprietor or permit holder.
- (z) “Registered reduction operator” means an individual registered to operate a reduction facility as a sole proprietor or on behalf of a sole proprietor or a permit holder.
- (aa) “Registered seller” means an individual registered to provide burial goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
- (bb) “Registration” means a registration issued by the Director authorizing an individual to operate a cemetery, to operate a crematory, to operate a reduction facility, or to provide burial goods.
- (cc) “Responsible party” means a sole proprietor or the individual designated by a partnership, limited liability company, or corporation to be responsible for the operations of a cemetery, crematory, reduction facility, or burial goods business.
- (dd) “Soil remains” means the soil produced at final disposition of a dead human body at a reduction facility by completion of natural organic reduction.
Added by Acts 1992, c. 4, § 2. Amended by Acts 1997, c. 675, § 2, eff. Oct. 1, 1997; Acts 1999, c. 12, § 1, eff. Oct. 1, 1999; Acts 2001, c. 186, § 1, eff. July 1, 2001; Acts 2010, c. 450, § 1, eff. Oct. 1, 2010; Acts 2012, c. 500, § 1, eff. Oct. 1, 2012; Acts 2012, c. 501, § 1, eff. Oct. 1, 2012; Acts 2015, c. 349, § 1, eff. Oct. 1, 2015; Acts 2023, c. 591, § 1, eff. Oct. 1, 2023; Acts 2024, c. 599, § 1, eff. Oct. 1, 2024; Acts 2024, c. 600, § 1, eff. Oct. 1, 2024.
Formerly Art. 23, §§ 165A, 165B.