A. Except as otherwise provided in this regulation, a registered reduction operator may not perform natural organic reduction on human remains until:
- (1) The human remains have been identified as required by Health Occupations Article, §7-411, Annotated Code of Maryland;
(2) The reduction facility has received:
- (a) A natural organic reduction authorization form on a form approved by the Office and signed by an authorizing agent;
- (b) If applicable, a written delegation document, paper or electronic;
- (c) Any other documentation required by federal, State, or local law; and
- (3) The registered reduction operator has documented that at least 12 hours have elapsed from the time of death of the individual whose remains are to receive natural organic reduction services.
B. The natural organic reduction authorization form shall:
- (1) Be provided by the permit holder to the authorizing agent, and signed by the authorizing agent;
(2) Contain the following information:
- (a) The identity of the decedent;
- (b) Date of death;
- (c) The name and address of the reduction facility where the natural organic reduction will occur;
- (d) The name and address of the authorizing agent and the relationship between the authorizing agent and the deceased;
(e) Disclose that the authorizing agent may not use or dispose of soil remains:
- (i) On public or private property without the prior written permission of the owner or surviving owner of the property;
- (ii) By using the soil remains to grow food for consumption by humans or livestock;
- (iii) By selling or reselling the soil remains to a third party; or
- (iv) By combining or incorporating the soil remains into compost offered for sale to consumers or for commercial or agricultural purchasers;
- (f) Indicate whether the decedent is a veteran, as defined in § 9-901 of the State Government Article, or an eligible dependent, as defined in §5-803 of the Business Regulation Article;
- (g) Authorization for the registered reduction operator to perform natural organic reduction services;
(h) Authorization to verify that the following have been removed prior to perform natural organic reduction:
- (i) Implanted pacemaker or defibrillator; or
- (ii) Any other materials that the registered reduction operator deems should be removed to prevent harm to the public health or damage to equipment;
(i) A representation by the authorizing agent that none of the following apply:
- (i) A radioactive seed implant within thirty days of death until such time that thirty days have elapsed or the organ containing the seed(s) has been removed;
- (ii) Containing a nuclear pacemaker until such time that the nuclear pacemaker is removed;
- (iii) Perishing as a result of a radiologic incident or accident, unless a written release is provided by the department of health office of radiation protection or other state or federal agency in charge of the response to the radiological incident or accident; or
- (iv) There is a presence of Creutzfeldt-Jakob disease or other prion disease, Ebola virus infection, mycobacterium tuberculosis infection, or any other infection, disease, or biological condition identified by the Director based on the reasonable recommendation of federal, state, or local health authority;
- (j) A representation that the authorizing agent is aware of no objection to the decedent receiving natural organic reduction services by any person who has a right to control the disposition of the decedent;
- (k) The name and address of the person authorized to claim the soil remains from the reduction facility or accept the soil remains via certified mail;
- (l) Informs the authorizing agent of the procedures that will be followed if disposition instructions are not received within sixty days of the permit holder first attempts to contact the authorizing agent to notify the authorizing agent the natural organic reduction service is complete;
- (m) Informs the authorizing agent that recovery of the soil remains after the disposition may not be possible; and
- (3) Be signed by the authorizing agent.
C. If an authorizing agent is not available to execute the natural organic reduction authorization form, the authorizing agent may delegate that authority to another individual:
- (1) In writing; or
(2) If located outside the area, by transmitting to the permit holder:
- (a) A signed, notarized statement, electronically or by facsimile device, that contains the name, address, and relationship of the sender to the decedent and the name and address of the individual to whom authority is delegated; and
- (b) Once the authorizing agent is located in the area, a notarized statement attesting to the delegation of authority.
- D. Upon receipt of the written delegation document or a copy of the delegation statement transmitted electronically or by facsimile device, the permit holder shall allow the named individual to serve as the authorizing agent. The documents shall be signed by the authorizing agent in the presence of a notary.
- E. A person signing a natural organic reduction authorization form is deemed to warrant the truthfulness of any facts set forth in the natural organic reduction authorization form, including the identity of the decedent whose remains are receiving natural organic reduction and the authority of that person to order natural organic reduction.
- F. A permit holder shall notify and obtain the written consent of the authorizing agent before the natural organic reduction of human remains at a location other than the location named on the reduction authorization form.
- G. A permit shall maintain a copy of every natural organic reduction authorization form required under this regulation as permanent records.
- H. Natural organic reduction authorization records are subject to inspection and copying by the Office.
Authority: Business Regulation Article, §5-204, Annotated Code of Maryland
Effective date: March 30, 2026 (53:6 Md. R. 287)