State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_130

§ 90‑210.130.  Finaldisposition of cremated remains.

(a)        The authorizingagent shall provide the person with whom cremation arrangements are made with asigned statement specifying the ultimate disposition of the cremated remains,if known. The crematory licensee may store or retain cremated remains asdirected by the authorizing agent. Records of retention and disposition ofcremated remains shall be kept by the crematory licensee pursuant to G.S. 90‑210.127.

(b)        The authorizingagent is responsible for the disposition of the cremated remains. If, after aperiod of 30 days from the date of cremation, the authorizing agent or theagent's representative has not specified the final disposition or claimed thecremated remains, the crematory licensee or the person in possession of thecremated remains may release the cremated remains to another family member uponwritten notification to the authorizing agent delivered by certified mail ordispose of the cremated remains only in a manner permitted in this section. Theauthorizing agent shall be responsible for reimbursing the crematory licenseefor all reasonable expenses incurred in disposing of the cremated remainspursuant to this section. A record of such disposition shall be made and keptby the person making the disposition. Upon disposing of cremated remains inaccordance with this section, the crematory licensee or person in possession ofthe cremated remains shall be discharged from any legal obligation or liabilityconcerning such cremated remains.

(c)        In addition to thedisposal of cremated remains in a crypt, niche, grave, or scattering gardenlocated in a dedicated cemetery, or by scattering over uninhabited public land,the sea, or other public waterways pursuant to subsection (f) of this section,cremated remains may be disposed of in any manner on the private property of aconsenting owner, upon direction of the authorizing agent. If cremated remainsare to be disposed of by the crematory licensee on private property, other thandedicated cemetery property, the authorizing agent shall provide the crematorylicensee with the written consent of the property owner.

(d)        Except with theexpress written permission of the authorizing agent, no person may:

(1)        Dispose of orscatter cremated remains in such a manner or in such a location that thecremated remains are commingled with those of another person. This subdivisionshall not apply to the scattering of cremated remains at sea or by air fromindividual closed containers or to the scattering of cremated remains in anarea located in a dedicated cemetery and used exclusively for such purposes.

(2)        Place crematedremains of more than one person in the same closed container. This subdivisionshall not apply to placing the cremated remains of members of the same familyin a common closed container designed for the cremated remains of more than oneperson with the written consent of the family.

(e)        Cremated remainsshall be released by the crematory licensee to the individual specified by theauthorizing agent on the cremation authorization form. The representative ofthe crematory licensee and the individual receiving the cremated remains shallsign a receipt indicating the name of the deceased, and the date, time, andplace of the receipt, and contain a representation that the handling of thefinal disposition will be in a proper manner. After this delivery, the crematedremains may be transported in any manner in this State, without a permit, anddisposed of in accordance with the provisions of this Article.

(f)         Cremated remainsmay be scattered over uninhabited public land, over a public waterway or sea,subject to health and environmental standards, or on the private property of aconsenting owner pursuant to subsection (c) of this section. A person mayutilize a boat or airplane to perform such scattering. Cremated remains shallbe removed from their closed container before they are scattered. (1989 (Reg. Sess., 1990), c.988, s. 1; 1997‑399, s. 20; 2003‑420, s. 2; 2007‑531, s. 24.)