California Health and Safety Code 7055 – (a) A person, who for themselves or for another person, inters, …
(a) A person, who for themselves or for another person, inters, cremates, or hydrolyzes a body or permits the same to be done, or removes any remains, other than cremated remains or hydrolyzed human remains, from the primary registration district in which the death, cremation, or hydrolysis occurred or the body was found, except a removal by a funeral director in a funeral director’s conveyance or an officer of a duly accredited medical college engaged in official duties with respect to the body of a decedent who has willfully donated their body to the medical college from that registration district or county to another registration district or county, or within the same registration district or county, without the authority of a burial or removal permit issued by the local registrar of the district in which the death occurred or in which the body was found; or removes interred human remains from the cemetery in which the interment occurred, removes cremated remains from the premises on which the cremation occurred, or removes hydrolyzed human remains from the premises on which the hydrolysis occurred without the authority of a removal permit is guilty of a misdemeanor and punishable as follows:
(1) For the first offense, by a fine of not less than ten dollars ($10) nor more than five hundred dollars ($500).
Terms Used In California Health and Safety Code 7055
- County: includes city and county. See California Health and Safety Code 14
- Decedent: A deceased person.
- Director: means "State Director of Health Services. See California Health and Safety Code 21
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(2) For each subsequent offense, by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) or imprisonment in the county jail for not more than 60 days, or by both.
(b) Notwithstanding subdivision (a), a funeral director of a licensed out-of-state funeral establishment may transport human remains out of this state without a removal permit when acting within the requirements specified in subdivision (b) of Section 103050.
(c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 399, Sec. 42. (AB 351) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 43 of Stats. 2022, Ch. 399.)