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Scattering of Cremated Remains (ashes)

Scattering of cremated cremains its usually done at a specific point off the coastline. However a burial permit, which is issued by the health department must be procured for scattering the cremated remains.

It is illegal to scatter the cremains (ashes) without the necessary documentation either by air or sea. IF a person is found scattering the cremated remains (ashes) of an individual it is punishable by fine or jail or both.

California’s Health And Safety Codes 7000-9677 goes into detail how and where cremated remains may be scattered.

A state licensed cremation disposer, must follow guidelines that have been set by the Cemetery & Funeral Board, in order to scatter cremated remains (ashes). Documentation as to the time, date and place of the scattering must be turned in to the Cemetery and Funeral Bureau.

A cremation disposer must be licensed by the Cemetery Bureau and report their actions to the State or they will imposed with a fine for each and every infraction.

Excerpts from the California Health and Safety Code

7116. Cremated remains may be scattered in areas where no local prohibition exists, provided that the cremated remains are not distinguishable to the public, are not in a temporary cremation container, and that the person who has control over disposition of the cremated remains has obtained written permission of the property owner or governing agency to scatter on the property.

A state or local agency may adopt an ordinance, regulation, or policy, as appropriate, authorizing, consistent with this section, or specifically prohibiting, the scattering of cremated human remains on lands under the agency’s jurisdiction. The scattering of the cremated remains of more than one person in one location pursuant to this section shall not create a cemetery pursuant to Section 7003 or any other provision of law.

7117. (a) Cremated remains may be taken by boat from any harbor in this state, or by air, and scattered at sea. Cremated remains shall be removed from their temporary cremation container before the remains are scattered at sea.

(b) Any person who scatters at sea, either from a boat or from the air, any human cremated remains shall, file with the local registrar of births and deaths in the county nearest the point where the remains were scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains were scattered, and any other information that the local registrar of births and deaths may require.

The first copy of the endorsed permit shall be filed with the local registrar of births and deaths within 10 days of disposition. The third copy shall be returned to the office of issuance.

(c) For purposes of this section, the phrase “at sea” includes the inland navigable waters of this state, exclusive of lakes and streams, provided that no such scattering may take place within 500 yards of the shoreline. Nothing in this section shall be construed to allow the scattering of cremated human remains from a bridge or pier.

(d) Notwithstanding any other provision of this code, the cremated remains of a deceased person may be scattered at sea as provided in this section and Section 103060.

The excerpts of the cremation laws were current as of the posting of this information.

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ABOUT THE AUTHOR:
John Harris, is a licensed Cemetery Broker in the State of California. He has personally served over fifteen thousand families in preparing for cemetery and funeral services. He can be reached through his website: http://www.cemeterybroker.com

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