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.

PRIOR PRINTER'S NOS. 2155, 2821 PRINTER'S NO. 2886
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1750
Session of
2025
INTRODUCED BY MARKOSEK, BENHAM, BERNSTINE, STEELE, SANCHEZ,
FRANKEL, PROBST, INGLIS, CONKLIN, CIRESI, DOUGHERTY, KUZMA
AND SHAFFER, JULY 17, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 4, 2026
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 General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Companion
Animal Cremation Consumer Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Cremated remains." The material remaining after the
cremation of a deceased animal, which may include bone fragments
and residue resulting from the cremation process, and that may
be pulverized or otherwise processed by the cremation provider.
"Cremation provider." A person or entity that engages in the
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business of cremating deceased animals in this Commonwealth.
"Deceased animal." A deceased animal that had a companion or
pet relationship with its owner at the time of the animal's
death.
"Funeral director." A licensed funeral director as defined
in 49 Pa. Code § 13.1 (relating to definitions).
"Holding facility." An area designated for the retention of
animal remains prior to cremation that meets the standards under
section 5.
"Improper handling." The term shall include:
(1) Commingling of remains without disclosure to the
consumer.
(2) Misrepresentation of cremation services provided.
(3) Improperly disposing of the deceased animal remains
through a process other than the chosen process of cremation.
"Intermediary." A veterinarian, pet shop, funeral director
or other person that refers business to a cremation provider for
monetary compensation through a business relationship in which
entities share profits as compensation through an ongoing
financially beneficial relationship between the business and the
cremation provider. The term shall include businesses that
financially benefit through the transportation of deceased
animals to cremation providers.
"Pet shop." A person or facility that offers animals for
sale on a retail basis to be kept as animal companions or pets.
Section 3. Disclosure of cremation services.
(a) Description.--A cremation provider shall furnish, free
of charge, a written description of available cremation services
to each of the following:
(1) The owner of a deceased animal, or another person
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acting on the owner's behalf, who arranges for cremation
services.
(2) An intermediary.
(3) Any other person upon request.
(b) Form and content.--The written description of services
shall be presented to the animal owner, or a person acting on
the owner's behalf, and posted on the cremation provider's
publicly accessible Internet website, if a website exists, or an
alternative online consumer-facing portal. A cremation provider
shall inform the owner of a deceased animal, or a person acting
on the owner's behalf, that the written description of services
is posted on the provider's publicly accessible Internet website
or an alternative online consumer-facing portal. 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:
(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
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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
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
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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
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.
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(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
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:
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(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
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 HAS COMMITTED
two or more violations relating to the improper handling,
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storage or disposal of deceased animal remains OF THIS ACT 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 DEAD DOMESTIC ANIMAL DISPOSAL BUSINESS 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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