Utah Code 58-9-611. Disposition of cremated remains
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Terms Used In Utah Code 58-9-611
- Authorizing agent: means a person legally entitled to authorize the cremation or the alkaline hydrolysis process of human remains. See Utah Code 58-9-102
- Cremated remains: means all the remains of a cremated body recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions and may possibly include the residue of foreign matter including casket material, bridgework, or eyeglasses that were cremated with the human remains. See Utah Code 58-9-102
- Cremation: means the technical process, using direct flame and heat, or a chemical process, that reduces human remains to bone fragments through heat and evaporation, or a chemical process, and includes the processing and usually the pulverization of the bone fragments. See Utah Code 58-9-102
- Disposition: means the final disposal of a dead human body by:(16)(a) earth interment;(16)(b) above ground burial;(16)(c) cremation;(16)(d) calcination;(16)(e) alkaline hydrolysis;(16)(f) burial at sea;(16)(g) delivery to a medical institution; or(16)(h) other lawful means. See Utah Code 58-9-102
- Funeral service: means a service, rite, or ceremony performed:
(19)(a) with respect to the death of a human; and(19)(b) with the body of the deceased present. See Utah Code 58-9-102- Funeral service establishment: includes :
(21)(b)(i) all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and(21)(b)(ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) An authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the final disposition of the cremated remains, if known.(1)(b) The funeral services establishment shall retain a copy of the statement.(2)(2)(a) The authorizing agent is responsible for the disposition of the cremated remains.(2)(b) If the authorizing agent or the agent’s representative has not specified the ultimate disposition of or claimed the cremated remains within 60 days from the date of the cremation, the funeral service establishment may dispose of the remains in any manner permitted by law, except scattering.(2)(c) The authorizing agent shall reimburse the funeral services establishment for all reasonable costs incurred in disposing of the cremated remains under Subsection (2)(b).(2)(d) The person or entity disposing of cremated remains under this section:(2)(d)(i) shall make and keep a record of the disposition of the remains; and(2)(d)(ii) is discharged from any legal obligation or liability concerning the remains once the disposition has been made.(2)(e) Subsection (2)(d)(ii) applies to cremated remains in the possession of a funeral services establishment or other responsible party as of May 5, 2008, or any time after that date.(3)(3)(a) An authorizing agent may direct a funeral service establishment to dispose of or arrange for the disposition of cremated remains:(3)(a)(i) in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;(3)(a)(ii) by scattering the cremated remains over uninhabited public land, the sea, or other public waterways subject to health and environmental laws and regulations; or(3)(a)(iii) in any manner on the private property of a consenting owner.(3)(b) If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the funeral service establishment with the written consent of the property owner prior to disposal of the remains.(3)(c) In order to scatter cremated remains under Subsection (3)(a)(ii) or (iii), the remains must be reduced to a particle size of one-eighth inch or less and removed from their closed container.(4) A funeral service establishment may not release cremated remains for scattering under this section to the authorizing agent or the agent’s designated representative until the funeral service establishment is given a receipt that shows the proper filing has been made with the local registrar of births and deaths. - Funeral service: means a service, rite, or ceremony performed: