HB 1750 — An Act providing for disclosure of cremation services for deceased animals, for distribution and certification, for required notices, for holding facility standards, for recordkeeping requirements and for enforcement; and imposing penalties.

THE PRINTED FORM SHALL:

(1) CONTAIN THE BUSINESS NAME OF THE CREMATION PROVIDER;

AND (2) CONTAIN A DETAILED AND CLEAR EXPLANATION OF EACH CREMATION SERVICE OFFERED, INCLUDING THE FOLLOWING:

20250HB1750PN2821 - 9 - (I) PRIVATE CREMATION EXPLAINED AS THE CREMATION OF A SINGLE DECEASED ANIMAL IN A CLEAN, EMPTY CHAMBER, WITH THE CREMATED REMAINS RETURNED EXCLUSIVELY TO THE OWNER.

(II) INDIVIDUAL-PARTITIONED CREMATION EXPLAINED AS THE CREMATION OF MULTIPLE DECEASED ANIMALS IN THE SAME CHAMBER USING PHYSICAL BARRIERS OR DESIGNATED SPACES TO MAINTAIN SEPARATION, WITH CREMATED REMAINS RETURNED TO EACH OWNER.

(III) COMMUNAL CREMATION EXPLAINED AS THE CREMATION OF MULTIPLE DECEASED ANIMALS IN THE SAME CHAMBER WITHOUT EFFECTIVE PARTITIONS OR SEPARATION DURING THE CREMATION PROCESS SUCH THAT THE COMMINGLING OF SIGNIFICANT AMOUNTS OF CREMATED REMAINS FROM DIFFERENT DECEASED ANIMALS IS LIKELY OR CERTAIN TO OCCUR AND CREMATED REMAINS CANNOT BE RETURNED TO EACH OWNER.

(C) INCLUSION OF PRICES.--THE WRITTEN DESCRIPTION REQUIRED UNDER SUBSECTION (A) IS NOT REQUIRED TO INCLUDE PRICES.

SECTION 4.

DISTRIBUTION AND CERTIFICATION.

(A) DISTRIBUTION BY INTERMEDIARIES.--AN INTERMEDIARY SHALL PROVIDE A COPY OF THE CREMATION PROVIDER'S WRITTEN DESCRIPTION OF SERVICES TO THE ANIMAL OWNER, OR TO A PERSON ACTING ON THE OWNER'S BEHALF, WHEN THE OWNER, OR THE PERSON ACTING ON THE OWNER'S BEHALF, ENGAGES IN AFTERCARE DISCUSSION WITH THE INTERMEDIARY.

(B) TIMING OF DISTRIBUTION.--FOR AN ANIMAL OWNER OR A PERSON ACTING ON THE OWNER'S BEHALF WHO DOES NOT USE AN INTERMEDIARY, A COPY OF THE CREMATION PROVIDER'S WRITTEN DESCRIPTION OF SERVICES SHALL BE PROVIDED TO THE ANIMAL OWNER, OR TO A PERSON ACTING ON THE OWNER'S BEHALF, WHEN THE OWNER, OR THE PERSON ACTING ON THE OWNER'S BEHALF, ENGAGES IN AFTERCARE DISCUSSION WITH THE 20250HB1750PN2821 - 10 - CREMATION PROVIDER.

(C) CERTIFICATION BY CREMATION PROVIDER.--IF CREMATION SERVICES INCLUDE THE RETURN OF CREMATED REMAINS, THE CREMATION PROVIDER SHALL INCLUDE WITH THE RETURNED CREMATED REMAINS A CERTIFICATION, INCLUDING THE FOLLOWING:

(1) A STATEMENT THAT, TO THE BEST OF THE CREMATION PROVIDER'S KNOWLEDGE AND BELIEF, AND EXCEPT AS OTHERWISE INDICATED ON THE CERTIFICATE, THE RETURNED REMAINS ARE THOSE OF THE ANIMAL OWNER'S DECEASED ANIMAL AND THE CREMATION AND RELATED SERVICES WERE PERFORMED IN ACCORDANCE WITH THE CREMATION PROVIDER'S WRITTEN DESCRIPTION OF SERVICES, AS AUTHORIZED BY THE ANIMAL OWNER OR ANOTHER PERSON ACTING ON THE OWNER'S BEHALF.

(2) THE DATE THE CREMATION WAS COMPLETED.

(3) THE TYPE OF CREMATION PERFORMED.

(D) CERTIFICATION BY INTERMEDIARY.--IF AN INTERMEDIARY IS RESPONSIBLE FOR RETURNING CREMATED REMAINS TO THE ANIMAL OWNER, THE INTERMEDIARY SHALL PROVIDE THE CREMATION PROVIDER'S CERTIFICATION UNDER SUBSECTION (C).

(E) RECORD RETENTION.--A CREMATION PROVIDER SHALL PROVIDE THE CERTIFICATION UNDER SUBSECTION (C)(1) TO THE REFERRING INTERMEDIARY FOR THE PURPOSES OF RECORD RETENTION.

(F) CREMATION APPROVAL REQUIRED.--A CREMATION PROVIDER MAY NOT CREMATE THE REMAINS OF A DECEASED ANIMAL UNLESS THE OWNER OF THE DECEASED ANIMAL, OR A PERSON ACTING ON THE OWNER'S BEHALF, HAS PROVIDED APPROVAL FOR THE CREMATION TO THE APPLICABLE INTERMEDIARY OR DIRECTLY TO THE CREMATION PROVIDER.

IF THE OWNER, OR PERSON ACTING ON THE OWNER'S BEHALF, CANNOT BE REACHED AFTER REASONABLE ATTEMPTS, THE CREMATION PROVIDER MAY MOVE FORWARD WITH CREMATION IN ACCORDANCE WITH ITS ESTABLISHED 20250HB1750PN2821 - 11 - PROCEDURES.

SECTION 5.

HOLDING FACILITY STANDARDS.

(A) DUTY OF PROVIDERS.--A CREMATION PROVIDER OR INTERMEDIARY SHALL ENSURE THAT A HOLDING FACILITY USED TO RETAIN THE REMAINS OF DECEASED ANIMALS PRIOR TO CREMATION COMPLIES WITH THE STANDARDS SPECIFIED UNDER SUBSECTION (B).

(B) STANDARDS.--A HOLDING FACILITY SHALL MEET ALL OF THE FOLLOWING STANDARDS:

(1) PROTECT THE HEALTH OF PERSONNEL RESPONSIBLE FOR HANDLING ANIMAL REMAINS AND COMPLY WITH APPLICABLE FEDERAL AND STATE PUBLIC HEALTH LAWS.

(2) PRESERVE THE DIGNITY OF THE ANIMAL REMAINS.

(C) REFRIGERATION OR FREEZER UNIT.-- (1) AN ANIMAL'S REMAINS MUST BE PLACED INTO REFRIGERATION WITHIN 48 HOURS OF RECEIVING THE REMAINS.

(2) IF REFRIGERATION IS NOT AVAILABLE, AN ANIMAL'S BODY MUST BE CREMATED OR MOVED TO REFRIGERATION AT A DIFFERENT FACILITY WITHIN 48 HOURS OF RECEIPT.

(D) RECORDS REQUIRED.--A CREMATION PROVIDER AND INTERMEDIARY SHALL MAINTAIN COMPLETE AND ACCURATE RECORDS FOR EACH CREMATION PERFORMED.

THE RECORDS SHALL BE RETAINED FOR A PERIOD OF NOT LESS THAN THREE YEARS AND SHALL INCLUDE ALL OF THE FOLLOWING:

(1) IDENTIFICATION RECORDS USED TO IDENTIFY THE CREMATED REMAINS.

(2) A CREMATION SERVICE LOG DOCUMENTING THE DATE OF CREMATION, THE METHOD OF CREMATION AND THE NAME OF THE OPERATOR OR ENTITY THAT PERFORMED THE CREMATION.

(E) CONFIDENTIALITY.--A CREMATION PROVIDER AND INTERMEDIARY SHALL IMPLEMENT AND MAINTAIN REASONABLE PROCEDURES TO ENSURE THE CONFIDENTIALITY AND SECURITY OF CLIENT RECORDS, INCLUDING 20250HB1750PN2821 - 12 - PERSONALLY IDENTIFYING INFORMATION RELATED TO THE ANIMAL OWNER AND THE DECEASED ANIMAL.

SECTION 6.

ENFORCEMENT AND PENALTIES.

(A) AUTHORITY OF ATTORNEY GENERAL AND DISTRICT ATTORNEYS.--A VIOLATION OF THIS ACT SHALL CONSTITUTE A VIOLATION OF THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.

THE OFFICE OF ATTORNEY GENERAL OR THE APPROPRIATE DISTRICT ATTORNEY SHALL HAVE ALL POWERS AND DUTIES UNDER THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW NECESSARY TO ENFORCE THIS ACT.

(B) PROHIBITED CONDUCT.--A PERSON MAY NOT ENGAGE IN ANY OF THE FOLLOWING:

(1) PREPARE OR DISTRIBUTE A WRITTEN DESCRIPTION OF SERVICES THAT THE PERSON KNOWS OR REASONABLY SHOULD KNOW IS FALSE, MISLEADING OR OTHERWISE NOT IN COMPLIANCE WITH THIS ACT.

(2) INTENTIONALLY FAIL TO PROVIDE A WRITTEN DESCRIPTION OF SERVICES, NOTICE OF RIGHTS OR CERTIFICATION AS REQUIRED UNDER THIS ACT.

(3) KNOWINGLY MAKE A FALSE CERTIFICATION UNDER SECTION 4.

(4) VIOLATE THE HOLDING FACILITY STANDARDS UNDER SECTION 5.

(5) FAIL TO MAINTAIN OR SECURE RECORDS AS REQUIRED UNDER SECTION 5.

(C) WRITTEN WARNING.--THE OFFICE OF ATTORNEY GENERAL OR THE APPROPRIATE DISTRICT ATTORNEY MAY ISSUE A WRITTEN WARNING LETTER TO ANY PERSON ENGAGED IN A VIOLATION OF THIS ACT.

SECTION 7.

DUE DILIGENCE AND LIABILITY.

AN INTERMEDIARY ACTING IN GOOD FAITH SHALL NOT BE LIABLE FOR 20250HB1750PN2821 - 13 - A FACILITY'S OPERATIONS, PROVIDED THAT THE INTERMEDIARY:

(1) TAKES STEPS TO VERIFY THAT THE OPERATIONS OF A CREMATION PROVIDER ARE ACCURATELY REPRESENTED BY THE WRITTEN DESCRIPTION OF SERVICE OFFERED UNDER SECTION 3, INCLUDING VISITING THE CREMATION PROVIDER TO ENSURE THAT OPERATIONS ARE OCCURRING AS DESCRIBED;

AND (2) HAS NO PRIOR KNOWLEDGE OF A VIOLATION OF THIS ACT AS PROVIDED FOR UNDER SECTION 6(B).

SECTION 8.

PET CREMATORIUM OPERATIONS.

A PERSON, PARTNERSHIP, CORPORATION OR OTHER ENTITY OPERATING AS A PET CREMATION PROVIDER THAT IS CONVICTED OF TWO OR MORE VIOLATIONS RELATING TO THE IMPROPER HANDLING, STORAGE OR DISPOSAL OF DECEASED ANIMAL REMAINS SHALL BE:

(1) SUBJECT TO HAVE THEIR DEAD DOMESTIC ANIMAL DISPOSAL BUSINESS LICENSE REVOKED OR SUSPENDED BY THE DEPARTMENT OF AGRICULTURE;

AND (2) PERMANENTLY PROHIBITED FROM HOLDING, RENEWING OR APPLYING FOR A LICENSE TO OPERATE AS A PET CREMATION PROVIDER IN THIS COMMONWEALTH.

SECTION 9.

EFFECTIVE DATE.

THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

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