There currently exist a total of 43 crematories throughout the State of New York. Of this number, two are municipally run. The majority of the remaining 41 are owned and operated by cemetery corporations, and are regulated by the New York State Department of State’s Division of Cemeteries. Notably, a State law enacted in 1998 and championed by the New York State Funeral Directors Association (NYSFDA), funeral firms and not-for-profit cemeteries (and their associated crematories) may not prospectively be co-owned and operated by the same person or corporation. This prohibition on so-called "combination operations" works to the benefit of all parties, most especially the State’s consumers.

Fortunately, New York State’s laws and regulations governing cremation have been written with the interest of the consumer in mind. There are many strong provisions that play a significant role in helping ensure that the bodies of the deceased are treated with dignity, and that their loved ones are afforded the respect and courtesy to which they are entitled. This includes providing these families with the comfort of knowing that all cremation processes and procedures are solid, and will be followed exhaustively by all parties involved in this chosen method of final disposition.

What follows are some key provisions of New York State’s cremation laws.

• All interments – including cremation – are prohibited unless accompanied by a burial or cremation permit that has been issued by the appropriate local registrar of vital statistics.

• A key safety provision is the requirement that any person in charge of a crematory must have the person bringing and in charge of the body to identify himself/herself as a duly licensed funeral director and display his or her current certificate of registration.

• No cremation can take place until confirmation of the identity of the deceased is made.

• The person in charge of the crematory must sign the permit and indicate the date of cremation. The cremation permit must accompany the remains of the deceased through all stages of the cremation process, until the identity of the deceased is accurately and legibly inscribed on the individualized, sealable container in which the cremated remains are placed. The person in charge of the crematory must return the cremation permit to the registrar of vital statistics no longer than 7 days after the cremation took place.

• A crematory owner or operator must also keep a record of all cremations performed at each facility. This record – at all times open to official inspection -- must contain the following information: name of each deceased person, place of death, date of cremation and the name and address of the funeral director handling the arrangements.

• The cremation process shall be conducted in privacy, with only certain authorized persons (including members of the immediate family of the deceased) allowed to be admitted into the crematory.

• No more than one deceased person may be cremated at any one time, unless upon the explicit signed authorization provided by the family or others making funeral arrangements and the signed approval of the cemetery corporation.

• The crematory facility shall be cleaned after each cremation and after the cremated remains are placed in an individual container.

• All crematory records, price lists, authorizations and rules and regulations must be open and available for inspection during regular business hours by the New York State Cemetery Division.

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For further information, you may also wish to go to our
"Consumer Resource Guide for Cremation"