Natural Organic Reduction Amendments

19
26B-8-201
58-9-102
58-9-302
58-9-501
58-9-503
58-9-601
58-9-606
58-9-613
58-9-613.5
58-9-614
58-9-615
58-9-618
58-9-620
58-9-621
58-9-622
0
Natural Organic Reduction Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor:
LONG TITLE
General Description:
This bill addresses natural organic reduction.
Highlighted Provisions:
This bill:
defines terms;
allows a funeral service establishment to offer natural organic reduction;
requires that a funeral service director meet certain requirements if the funeral service
director offers natural organic reduction;
grants immunity to a funeral service establishment that relies on a natural organic
reduction authorization form in carrying out natural organic reduction;
updates a funeral service establishment's recordkeeping requirements;
provides requirements for accepting remains for natural organic reduction;
limits liability for a funeral service establishment providing natural organic reduction;
provides the requirements for authorizing natural organic reduction;
describes the procedure for natural organic reduction;
provides the requirements for the final disposition of remains from the natural organic
reduction process;
categorizes the use of remains from natural organic reduction to grow food as unlawful;
and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-8-201
, as last amended by Laws of Utah 2024, Chapter 240
58-9-102
, as last amended by Laws of Utah 2020, Chapter 354
58-9-302
, as last amended by Laws of Utah 2024, Chapter 137
58-9-501
, as last amended by Laws of Utah 2007, Chapter 144
58-9-503
, as last amended by Laws of Utah 2007, Chapter 144
58-9-601
, as last amended by Laws of Utah 2018, Chapter 326
58-9-606
, as last amended by Laws of Utah 2018, Chapter 326
58-9-613
, as last amended by Laws of Utah 2023, Chapter 111
58-9-614
, as enacted by Laws of Utah 2018, Chapter 326
58-9-615
, as enacted by Laws of Utah 2018, Chapter 326
58-9-618
, as enacted by Laws of Utah 2018, Chapter 326
ENACTS:
58-9-613.5
, Utah Code Annotated 1953
58-9-620
, Utah Code Annotated 1953
58-9-621
, Utah Code Annotated 1953
58-9-622
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-8-201
is amended to read:
26B-8-201
. Definitions.
As used in this part:
(1)
"Dead body" means the same as that term is defined in Section
26B-8-101
.
(2)
(a)
"Death by violence" means death that resulted by the decedent's exposure to
physical, mechanical, or chemical forces.
(b)
"Death by violence" includes death that appears to have been due to

:
(i)
homicide
,
;
(ii)
death that occurred during or in an attempt to commit rape, mayhem, kidnapping,
robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats
of violence
,
;
(iii)
assault with a dangerous weapon
,
;
(iv)
assault with intent to commit any offense punishable by imprisonment for more
than one year
,
;
(v)
arson punishable by imprisonment for more than one year
,
;
or

(vi)
any attempt to commit any of the
foregoing
offenses
described in Subsections
(2)(b)(i)
through (v)
.
(3)
"Health care professional" means any of the following while acting in a professional
capacity:
(a)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act;
(b)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
Act; or
(c)
an advance practice registered nurse licensed under Subsection
58-31b-301(2)(e)
.
(3)
(4)
"Immediate relative" means an individual's spouse, child, parent, sibling,
grandparent, or grandchild.
(4)
"Health care professional" means any of the following while acting in a professional
capacity:
(a)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
58, Chapter 68, Utah Osteopathic Medical Practice Act;
(b)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
Act; or
(c)
an advance practice registered nurse licensed under Subsection
58-31b-301(2)(e)
.
(5)
"Medical examiner" means the state medical examiner appointed
pursuant to
in
accordance with
Section
26B-8-202
or a deputy appointed by the medical examiner.
(6)
"Medical examiner record" means:
(a)
all information that the medical examiner obtains regarding a decedent;
(b)
reports that the medical examiner makes regarding a decedent; and
(c)
all administrative forms and correspondence related to a decedent's case.
(7)
"Regional pathologist" means an American Board of Pathology certified pathologist
licensed to practice medicine and surgery in the state, appointed by the medical
examiner
pursuant to
in accordance with
Subsection
26B-8-202(3)
.
(8)
"Sudden death while in apparent good health" means apparently instantaneous death
without obvious natural cause, death during or following an unexplained syncope or
coma, or death during an acute or unexplained rapidly fatal illness.
(9)
"Sudden unexpected infant death" means the death of a child who was thought to be in
good health or whose terminal illness appeared to be so mild that the possibility of a
fatal outcome was not anticipated.
(10)
"Suicide" means death caused by an intentional and voluntary act of an individual who
understands the physical nature of the act and intends by such act to accomplish
self-destruction.
(11)
"Unattended death" means a death that occurs more than 365 days after the day on
which a health care professional examined or treated the deceased individual for any
purpose, including writing a prescription.
(12)
(a)
"Unavailable for postmortem investigation" means that a dead body is:
(i)
transported out of state;
(ii)
buried at sea;
(iii)
cremated;
(iv)
processed by alkaline hydrolysis;
or
(v)
processed by natural organic reduction; or
(v)
(vi)
otherwise made unavailable to the medical examiner for postmortem
investigation or autopsy.
(b)
"Unavailable for postmortem investigation" does not include embalming or burial of
a dead body
pursuant to
in accordance with
the requirements of law.
(13)
"Within the scope of the decedent's employment" means all acts reasonably necessary
or incident to the performance of work, including matters of personal convenience and
comfort not in conflict with specific instructions.
Section 2. Section
58-9-102
is amended to read:
58-9-102
. Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
(a)
"Alkaline hydrolysis" means a water-based dissolution process using alkaline
chemicals, heat, and sometimes agitation or pressure that reduces human remains to a
liquid and to dry bone residue
.
(b)
and
"Alkaline hydrolysis"
includes the disposal of the liquid and the processing and
pulverization of the dry bone residue.
(2)
"Alkaline hydrolysis chamber" means the enclosed space within which the alkaline
hydrolysis process takes place and that is used exclusively for alkaline hydrolysis of
human remains.
(3)
"Alkaline hydrolysis container" means a container:
(a)
in which human remains are transported to a funeral service establishment and
placed in an alkaline hydrolysis chamber for
resomation
the alkaline hydrolysis
process
; and
(b)
that meets substantially all of the following standards:
(i)
able to be closed in order to provide a complete covering for the human remains;
(ii)
resistant to leakage or spillage;
(iii)
rigid enough for handling with ease; and
(iv)
able to provide protection for the health, safety, and personal integrity of
crematory personnel.
(4)
"Authorizing agent" means a person legally entitled to authorize the cremation
, natural
organic reduction,
or the alkaline hydrolysis process of human remains.
(5)
"Beneficiary" means the individual who, at the time of the individual's death, is to
receive the benefit of the property and services purchased under a preneed funeral
arrangement.
(6)
"Board" means the Board of Funeral Service created in Section
58-9-201
.
(7)
"Body part" means:
(a)
a limb or other portion of the anatomy that is removed from
a person
an individual

or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or
medical research; or
(b)
a human body or any portion of a body that has been donated to science for medical
research purposes.
(8)
"Buyer" means a person
who
that
purchases a preneed funeral arrangement.
(9)
"Calcination" means a process in which a dead human body is reduced by intense heat
to a residue that is not as substantive as the residue that follows cremation.
(10)
"Cremated remains" means all the remains of a cremated body recovered after the
completion of the cremation process, including pulverization
which
that
leaves only
bone fragments reduced to unidentifiable dimensions and may possibly include the
residue of foreign matter including casket material, bridgework, or eyeglasses that were
cremated with the human remains.
(11)
(a)
"Cremation" means the technical process, using direct flame and heat, or a
chemical process, that reduces human remains to bone fragments through heat and
evaporation, or a chemical process
, and
.
(b)
"Cremation"
includes the processing and usually the pulverization of the bone
fragments.
(12)
"Cremation chamber" means the enclosed space within which the cremation process
takes place and which is used exclusively for the cremation of human remains.
(13)
"Cremation container" means the container:
(a)
in which the human remains are transported to the crematory and placed in the
cremation chamber for cremation; and
(b)
that meets substantially all of the following standards:
(i)
composed of readily combustible or consumable materials suitable for cremation;
(ii)
able to be closed in order to provide a complete covering for the human remains;
(iii)
resistant to leakage or spillage;
(iv)
rigid enough for handling with ease; and
(v)
able to provide protection for the health, safety, and personal integrity of
crematory personnel.
(14)
"Crematory" means the building or portion of a building that houses the cremation
chamber and the holding facility.
(15)
"Direct disposition" means the disposition of a dead human body:
(a)
as quickly as law allows;
(b)
without preparation of the body by embalming; and
(c)
without an attendant funeral service or graveside service.
(16)
"Disposition" means the final disposal of a dead human body by:
(a)
earth interment;
(b)
above ground burial;
(c)
cremation;
(d)
calcination;
(e)
alkaline hydrolysis;
(f)
burial at sea;
(g)
delivery to a medical institution;
or
(h)
natural organic reduction; or
(h)
(i)
other lawful means.
(17)
"Embalming" means replacing body fluids in a dead human body with preserving and
disinfecting chemicals.
(18)
(a)
"Funeral merchandise" means any of the following into which a dead human
body is placed in connection with the transportation or disposition of the body:
(i)
a vault;
(ii)
a casket; or
(iii)
other personal property.
(b)
"Funeral merchandise" does not include:
(i)
a mausoleum crypt;
(ii)
an interment receptacle preset in a cemetery; or
(iii)
a columbarium niche.
(19)
"Funeral service" means a service, rite, or ceremony performed:
(a)
with respect to the death of a human; and
(b)
with the body of the deceased present.
(20)
"Funeral service director" means an individual licensed under this chapter who may
engage in all lawful professional activities regulated and defined under the practice of
funeral service.
(21)
(a)
"Funeral service establishment" means a place of business at a specific street
address or location licensed under this chapter that is devoted to:
(i)
the embalming, care, custody, shelter, preparation for burial, and final disposition
of dead human bodies; and
(ii)
the furnishing of services, merchandise, and products purchased from the
establishment as a preneed provider under a preneed funeral arrangement.
(b)
"Funeral service establishment" includes:
(i)
all portions of the business premises and all tools, instruments, and supplies used
in the preparation and embalming of dead human bodies for burial, cremation,
alkaline hydrolysis,
natural organic reduction,
and final disposition
by other
lawful means
as defined by division rule; and
(ii)
a facility used by the business in which funeral services may be conducted.
(22)
"Funeral service intern" means an individual licensed under this chapter who is
permitted to:
(a)
assist a funeral service director in the embalming or other preparation of a dead
human body for disposition;
(b)
assist a funeral service director in the cremation, calcination, alkaline hydrolysis,
natural organic reduction,
or pulverization of a dead human body or
its
the body's

remains; and
(c)
perform other funeral service activities under the supervision of a funeral service
director.
(23)
"Graveside service" means a funeral service held at the location of disposition.
(24)
"Memorial service" means a service, rite, or ceremony performed:
(a)
with respect to the death of a human; and
(b)
without the body of the deceased present.
(25)
"Natural organic reduction" means the contained, accelerated conversion of human
remains to soil.
(25)
(26)
"Practice of funeral service" means:
(a)
supervising the receipt of custody and transportation of a dead human body to
prepare the body for:
(i)
disposition; or
(ii)
shipment to another location;
(b)
entering into a contract with a person to provide professional services regulated
under this chapter;
(c)
embalming or otherwise preparing a dead human body for disposition;
(d)
supervising the arrangement or conduct of:
(i)
a funeral service;
(ii)
a graveside service; or
(iii)
a memorial service;
(e)
cremation, calcination, alkaline hydrolysis,
natural organic reduction,
or
pulverization of a dead human body or the body's remains;
(f)
supervising the arrangement of:
(i)
a disposition; or
(ii)
a direct disposition;
(g)
facilitating:
(i)
a disposition; or
(ii)
a direct disposition;
(h)
supervising the sale of funeral merchandise by a funeral establishment;
(i)
managing or otherwise being responsible for the practice of funeral service in a
licensed funeral service establishment;
(j)
supervising the sale of a preneed funeral arrangement; and
(k)
contracting with or employing individuals to sell a preneed funeral arrangement.
(26)
(27)
(a)
"Preneed funeral arrangement" means a written or oral agreement sold in
advance of the death of the beneficiary under which a person agrees with a buyer to
provide at the death of the beneficiary any of the following as are typically provided
in connection with a disposition:
(i)
goods;
(ii)
services, including:
(A)
embalming services; and
(B)
funeral directing services;
(iii)
real property; or
(iv)
personal property, including:
(A)
a casket;
(B)
another primary container;
(C)
a cremation, alkaline hydrolysis,
natural organic reduction,
or transportation
container;
(D)
an outer burial container;
(E)
a vault;
(F)
a grave liner;
(G)
funeral clothing and accessories;
(H)
a monument;
(I)
a grave marker; and
(J)
a cremation or alkaline hydrolysis urn.
(b)
"Preneed funeral arrangement" does not include a policy or product of life insurance
providing a death benefit cash payment upon the death of the beneficiary
which
that

is not limited to providing the products or services described in Subsection
(26)(a)
(27)(a)
.
(27)
(28)
"Processing" means the reduction of identifiable bone fragments after the
completion of the cremation
, natural organic reduction,
or the alkaline hydrolysis
process to unidentifiable bone fragments by manual means.
(28)
(29)
"Pulverization" means the reduction of identifiable bone fragments after the
completion of the cremation or alkaline hydrolysis and processing to granulated particles
by manual or mechanical means.
(29)
"Resomation" means the alkaline hydrolysis process.
(30)
"Sales agent" means an individual licensed under this chapter as a preneed funeral
arrangement sales agent.
(31)
"Temporary container" means a receptacle for cremated or alkaline hydrolysis remains
usually made of cardboard, plastic, or similar material designed to hold the cremated
remains until an urn or other permanent container is acquired.
(32)
"Unlawful conduct" means the same as that term is defined in Sections
58-1-501
and
58-9-501
.
(33)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501

and
58-9-502
.
(34)
"Urn" means a receptacle designed to permanently encase cremated or alkaline
hydrolysis remains.
Section 3. Section
58-9-302
is amended to read:
58-9-302
. Qualifications for licensure.
(1)
Each applicant for licensure as a funeral service director shall:
(a)
submit an application in a form
prescribed by
the division
approves
;
(b)
pay a fee as determined by the department under Section
63J-1-504
;
(c)
have obtained a high school diploma or
its
the
equivalent or a higher education
degree;
(d)
have obtained an associate degree, or
its
the
equivalent, in mortuary science from a
school of funeral service accredited by the American Board of Funeral Service
Education or other accrediting body recognized by the
U.S.
United States

Department of Education;
(e)
have completed not less than 2,000 hours and 50 embalmings of satisfactory
performance in training as a licensed funeral service intern under the supervision of a
licensed funeral service director; and
(f)
obtain a passing score on examinations approved by the division in collaboration
with the board.
(2)
Each applicant for licensure as a funeral service intern shall:
(a)
submit an application in a form
prescribed by
the division
approves
;
(b)
pay a fee as determined by the department under Section
63J-1-504
;
(c)
have obtained a high school diploma or
its
the
equivalent or a higher education
degree; and
(d)
obtain a passing score on an examination approved by the division in collaboration
with the board.
(3)
Each applicant for licensure as a funeral service establishment and each funeral service
establishment licensee shall:
(a)
submit an application in a form
prescribed by
the division
approves
;
(b)
pay a fee as determined by the department under Section
63J-1-504
;
(c)
have in place:
(i)
an embalming room for preparing dead human bodies for burial or final
disposition, which may serve one or more facilities operated by the applicant;
(ii)
a refrigeration room that maintains a temperature of not more than 40 degrees
fahrenheit for preserving dead human bodies
prior to
before
burial or
final
disposition, which may serve one or more facilities operated by the applicant; and
(iii)
maintain at all times a licensed funeral service director who is responsible for the
day-to-day operation of the funeral service establishment and who is personally
available to perform the services for which the license is required;
(d)
affiliate with a licensed preneed funeral arrangement sales agent or funeral service
director if the funeral service establishment sells preneed funeral arrangements;
(e)
file with the completed application a copy of each form of contract or agreement the
applicant will use in the sale of preneed funeral arrangements;
(f)
provide evidence of appropriate licensure with the Insurance Department if the
applicant intends to engage in the sale of any preneed funeral arrangements funded in
whole or in part by an insurance policy or product to be sold by the provider or the
provider's sales agent; and
(g)
if the applicant intends to offer alkaline hydrolysis
or natural organic reduction
in a
funeral service establishment, provide evidence that in accordance with rules made
by the division in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i)
the funeral service establishment meets the minimum standards for the handling,
holding, and processing of deceased human remains in a safe, clean, private, and
respectful manner; and
(ii)
all operators of the alkaline hydrolysis
or natural organic reduction
equipment
have received adequate training.
(4)
Each applicant for licensure as a preneed funeral arrangement sales agent shall:
(a)
submit an application in a form
prescribed by
the division
approves
;
(b)
pay a fee as determined by the department under Section
63J-1-504
;
(c)
have obtained a high school diploma or
its
the
equivalent or a higher education
degree;
(d)
have obtained a passing score on an examination approved by the division in
collaboration with the board;
(e)
affiliate with a licensed funeral service establishment; and
(f)
provide evidence of appropriate licensure with the Insurance Department if the
applicant intends to engage in the sale of any preneed funeral arrangements funded in
whole or in part by an insurance policy or product.
Section 4. Section
58-9-501
is amended to read:
58-9-501
. Unlawful conduct.
"Unlawful conduct" includes:
(1)
doing any of the following to prepare a dead human body for disposition unless licensed
as a funeral service director or a funeral service intern:
(a)
embalming;
(b)
calcinating;
(c)
pulverizing;
(d)
cremating; or
(e)
using any method that invades a dead human body;
(2)
using the title "funeral service director," "funeral service intern," "preneed funeral
service sales agent," or "funeral service establishment" unless licensed under this
chapter;
(3)
engaging in, providing, or agreeing to provide funeral arrangements to be provided
under a preneed funeral arrangement without first obtaining a license as a funeral service
establishment under this chapter;
(4)
engaging in selling, representing for sale, or in any other way offering to sell any
contract under which preneed funeral arrangements are to be provided without first
obtaining a license under this chapter as:
(a)
a preneed funeral arrangement sales agent; or
(b)
a funeral service director;
and
(5)
in the course of a person's business, vocation, or occupation, knowingly using the soil
produced by the natural organic reduction process to grow food for human consumption;
and
(5)
(6)
failing to comply with Section
58-9-702
.
Section 5. Section
58-9-503
is amended to read:
58-9-503
. Penalty for unlawful conduct.
(1)
A person who violates the unlawful conduct provisions defined in Subsections
58-9-501(1)
through
(4)
(5)
is guilty of a class A misdemeanor.
(2)
A person who violates the unlawful conduct provision defined in Subsection
58-9-501(5)
58-9-501(6)
may be prosecuted under
Title 76, Chapter 6, Part 4, Theft
.
Section 6. Section
58-9-601
is amended to read:
58-9-601
. Advance directions.
(1)
A person
An individual
may provide written directions, acknowledged before a notary
public or executed with the same formalities required of a will under Section
75-2-502
,
to direct the preparation, type, and place of the
person's
individual's
disposition,
including:
(a)
designating a funeral service establishment;
(b)
providing directions for burial arrangements;
(c)
providing directions for cremation arrangements;
or
(d)
providing directions for alkaline hydrolysis arrangements
.
; or
(e)
providing directions for natural organic reduction.
(2)
A funeral service director shall carry out the written directions of the decedent prepared
under this section to the extent that:
(a)
the directions are lawful; and
(b)
the decedent has provided resources to carry out the directions.
(3)
Directions
A funeral services director shall carry out the written directions
for
disposition contained in a will
shall be carried out pursuant to
in accordance with

Subsection
(2)
regardless of:
(a)
the validity of other aspects of the will; or
(b)
the fact that the will may not be offered or admitted to probate until a later date.
(4)
A person
An individual
may change or cancel written directions prepared under this
section at any time
prior to
before
the
person's
individual's
death by providing written
notice to all applicable persons, including:
(a)
if the written directions designate a funeral service establishment or funeral service
director, the funeral service establishment or funeral service director designated in the
written directions; and
(b)
if the written directions are contained in a will, the personal representative as defined
in Section
75-1-201
.
Section 7. Section
58-9-606
is amended to read:
58-9-606
. Right to rely -- Immunity.
(1)
A person signing a funeral service agreement, cremation authorization form, alkaline
hydrolysis authorization form,
natural organic reduction authorization form,
or other
authorization for a decedent's disposition warrants the truthfulness of the facts set forth
in the document, including the identity of the decedent and the person's authority to
order the disposition.
(2)
A funeral service establishment has the right to rely on a contract or authorization
executed under Subsection
(1)
and may carry out the instructions of the person whom
its
the funeral service establishment's
funeral service director reasonably believes holds the
right of disposition.
(3)
A funeral service director incurs no civil or criminal liability for failure to contact or
independently investigate the existence of any next-of-kin or relative of the decedent.
(4)
If there are at least two persons in the nearest class of the next-of-kin who are equal in
priority and a funeral service director has no knowledge of an objection by other
members of the class, the funeral service director may rely on and act according to the
instructions of the first person in the class to make funeral and disposition arrangements.
(5)
A funeral service establishment or funeral service director who relies in good faith on
the instructions of a person claiming the right of disposition under this part is immune
from civil and criminal liability and disciplinary action in carrying out the disposition of
a decedent's remains in accordance with that person's instructions.
Section 8. Section
58-9-613
is amended to read:
58-9-613
. Authorization for alkaline hydrolysis -- Penalties for removal of items
from human remains.
(1)
Except as otherwise provided in this section, a funeral service establishment may not
perform alkaline hydrolysis on human remains until the funeral service establishment
has received:
(a)
an alkaline hydrolysis authorization form signed by an authorizing agent;
(b)
a completed and executed burial transit permit or similar document, as provided by
state law, indicating that disposition of the human remains is to be by alkaline
hydrolysis; and
(c)
any other documentation required by the state, county, or municipality.
(2)
(a)
The alkaline hydrolysis authorization form shall contain, at a minimum, the
following information:
(i)
the identity of the human remains and the time and date of death, including a
signed declaration of visual identification of the deceased or refusal to visually
identify the deceased;
(ii)
the name of the funeral director and funeral service establishment that obtained
the alkaline hydrolysis authorization;
(iii)
notification as to whether the death occurred from a disease declared by the
Department of Health
and Human Services
to be infectious, contagious,
communicable, or dangerous to the public health;
(iv)
the name of the authorizing agent and the relationship between the authorizing
agent and the decedent;
(v)
a representation that the authorizing agent has the right to authorize the
disposition of the decedent by alkaline hydrolysis and that the authorizing agent is
not aware of any living
person
individual
with a superior or equal priority right to
that of the authorizing agent, except that if there is another living
person
individual
with a superior or equal priority right, the alkaline hydrolysis
authorization form shall contain a representation that the authorizing agent has:
(A)
made reasonable efforts to contact that
person
individual
;
(B)
been unable to do so; and
(C)
no reason to believe that the
person
individual
would object to the disposition
of the decedent by alkaline hydrolysis;
(vi)
authorization for the funeral service establishment to use alkaline hydrolysis for
the disposition of the human remains;
(vii)
the name of the person authorized to receive the human remains from the funeral
service establishment;
(viii)
the manner in which the final disposition of the human remains is to take place,
if known;
(ix)
a listing of each item of value to be delivered to the funeral service establishment
along with the human remains, and instructions as to how each item should be
handled;
(x)
the signature of the authorizing agent, attesting to the accuracy of all
representations contained on the alkaline hydrolysis authorization form;
(xi)
if the alkaline hydrolysis authorization form is being executed on a preneed
basis, the disclosure required for preneed programs under this chapter; and
(xii)
except for a preneed alkaline hydrolysis authorization, the signature of the
funeral director of the funeral service establishment that obtained the alkaline
hydrolysis authorization.
(b)
(i)
The
person
individual
referred to in Subsection
(2)(a)(xii)
shall execute the
alkaline hydrolysis authorization form as a witness and is not responsible for any
of the representations made by the authorizing agent.
(ii)
The funeral director or the funeral service establishment shall warrant that the
human remains delivered to the funeral service establishment have been positively
identified by the authorizing agent or a designated representative of the
authorizing agent as the decedent listed on the alkaline hydrolysis authorization
form.
(iii)
The authorizing agent or the agent's designee may make the identification
referred to in Subsection
(2)(b)(ii)
in person or by photograph.
(3)
(a)
A funeral service establishment may not accept unidentified human remains for
alkaline hydrolysis.
(b)
If a funeral service establishment takes custody of an alkaline hydrolysis container
subsequent to
after
the human remains
being
were
placed within the container, the
funeral service establishment
can
may
rely on the identification made before the
remains were placed in the container.
(c)
The funeral service establishment shall place appropriate identification on the
exterior of the alkaline hydrolysis container based on the prior identification.
(4)
(a)
A person who removes or possesses dental gold or silver, jewelry, or mementos
from human remains:
(i)
with purpose to deprive another over control of the property is guilty of an
offense and subject to the punishments provided in Section
76-6-404
;
(ii)
with purpose to exercise unauthorized control and with intent to temporarily
deprive another of control over the property is guilty of an offense and subject to
the punishments provided in Section
76-6-404.5
; and
(iii)
under circumstances not amounting to Subsection
(4)(a)(i)
or
(ii)
and without
specific written permission of the individual who has the right to control those
remains is guilty of a class B misdemeanor.
(b)
The fact that residue or any unavoidable dental gold or dental silver or other
precious metals remain in alkaline hydrolysis equipment or a container used in a prior
alkaline hydrolysis process is not a violation of Subsection
(4)(a)
.
Section 9. Section
58-9-613.5
is enacted to read:
58-9-613.5
. Authorization for natural organic reduction.
(1)
Except as otherwise provided in this section, a funeral service establishment may not
perform natural organic reduction on human remains until the funeral service
establishment has received:
(a)
a natural organic reduction authorization form signed by an authorizing agent;
(b)
a completed and executed burial transit permit or similar document, as provided by
state law, indicating that disposition of the human remains is to be by natural organic
reduction; and
(c)
any other documentation required by the state, county, or municipality.
(2)
Except as provided in Subsection
(3)
, the natural organic reduction authorization form
shall contain, at a minimum, the following information:
(a)
the identity of the human remains and the time and date of death, including a signed
declaration of visual identification of the deceased or refusal to visually identify the
deceased;
(b)
the name of the funeral director and funeral service establishment that obtained the
natural organic reduction authorization;
(c)
notification as to whether the death occurred from a disease declared by the
Department of Health and Human Services to be infectious, contagious,
communicable, or dangerous to public health;
(d)
a representation that the death did not occur due to ebola, tuberculosis, or a prion
disease;
(e)
the name of the authorizing agent and the relationship between the authorizing agent
and the decedent;
(f)
a representation that the authorizing agent has the right to authorize the disposition of
the decedent by natural organic reduction and that the authorizing agent is not aware
of any living individual with a superior or equal priority right to that of the
authorizing agent, except that if there is another living individual with a superior or
equal priority right, the natural organic reduction authorization form shall contain a
representation that the authorizing agent has:
(i)
made reasonable efforts to contact that individual;
(ii)
been unable to contact the individual; and
(iii)
no reason to believe that the individual would object to the disposition of the
decedent by natural organic reduction;
(g)
authorization for the funeral service establishment to use natural organic reduction
for the disposition of the human remains;
(h)
the name of the individual authorized to receive the human remains from the funeral
service establishment;
(i)
the manner in which the final disposition of the human remains is to take place, if
known;
(j)
a listing of each item of value to be delivered to the funeral service establishment
along with the human remains, and instructions as to how each item should be
handled;
(k)
the signature of the authorizing agent, attesting to the accuracy of all representations
contained on the natural organic reduction authorization form; and
(l)
the signature of the funeral director of the funeral service establishment that obtained
the natural organic reduction authorization.
(3)
If the natural organic reduction form is being executed as part of a preneed funeral
arrangement, the natural organic reduction authorization form shall:
(a)
contain the disclosure requirements for preneed programs under this chapter; and
(b)
contain, at a minimum, the following information:
(i)
the identity of the individual who, upon the individual's death, desires that the
individual's remains undergo the natural organic reduction process;
(ii)
the name of the authorizing agent and the relationship between the authorizing
agent and the individual described in Subsection
(3)(b)(i)
;
(iii)
a representation that the authorizing agent has the right to authorize the
disposition of the individual's remains described in Subsection
(3)(b)(i)
by natural
organic reduction and that the individual described in Subsection
(3)(b)(i)

consents to the authorizing agent's disposition of the individual's remains;
(iv)
authorization for the funeral service establishment to use natural organic
reduction for the disposition of human remains;
(v)
the name of the individual authorized to receive the human remains from the
funeral service establishment;
(vi)
the manner in which the final disposition of the human remains is to take place, if
known;
(vii)
a listing of each item of value to be delivered to the funeral service
establishment along with the human remains, and instructions as to how each item
should be handled; and
(viii)
the signature of the authorizing agent, attesting to the accuracy of all
representations contained on the natural organic reduction authorization form.
(4)
(a)
The individual referred to in Subsection
(2)
(l) shall execute the natural organic
reduction authorization form as a witness and is not responsible for any of the
representations made by the authorizing agent.
(b)
The funeral director or the funeral service establishment shall warrant that the human
remains delivered to the funeral service establishment have been positively identified
by the authorizing agent or a designated representative of the authorizing agent as the
decedent listed on the natural organic reduction authorization form.
(c)
The authorizing agent or the authorizing agent's designee may make the
identification referred to in Subsection
(4)(b)
in person or by photograph.
(5)
(a)
A funeral service establishment may not accept unidentified human remains for
natural organic reduction.
(b)
If a funeral service establishment takes custody of a natural organic reduction
container after the human remains were placed within the container, the funeral
service establishment may rely on the identification made before the remains were
placed in the container.
(c)
The funeral service establishment shall place appropriate identification on the
exterior of the natural organic reduction container based on the prior identification.
Section 10. Section
58-9-614
is amended to read:
58-9-614
. Recordkeeping.
(1)
(a)
A funeral service establishment shall furnish to the person
who
that
delivers
human remains to the establishment for alkaline hydrolysis
or natural organic
reduction
a receipt signed by a representative of the establishment and the
person
individual
making the delivery, showing:
(i)
the date and time of the delivery;
(ii)
the type of casket or alternative container delivered;
(iii)
the name of the
person
individual
from whom the human remains were received;
(iv)
the name of the funeral establishment or other entity with whom the person
making the delivery is affiliated;
(v)
the name of the
person
individual
who received the human remains on behalf of
the funeral service establishment; and
(vi)
the name of the decedent.
(b)
The funeral service establishment shall keep a copy of the receipt in the funeral
service establishment's permanent records for a period of seven years.
(2)
(a)
Upon release of human remains after alkaline hydrolysis
or natural organic
reduction
, a funeral service establishment shall furnish to the person
who
that

receives the human remains a receipt signed by a representative of the funeral service
establishment and the person who receives the human remains, showing:
(i)
the date and time of the release;
(ii)
the name of the person to whom the human remains were released; and
(iii)
if applicable:
(A)
the name of the funeral establishment, cemetery, or other entity with whom
the person receiving the human remains is affiliated;
(B)
the name of the person who released the human remains on behalf of the
funeral service establishment; and
(C)
the name of the decedent.
(b)
(i)
The receipt shall contain a representation from the person receiving the human
remains confirming that the remains will not be used for any improper purpose.
(ii)
Upon release of the human remains, the person to whom the human remains were
released may transport the human remains in any manner in the state, without a
permit, and dispose of the human remains in accordance with this chapter.
(c)
The funeral service establishment shall retain a copy of the receipt in the funeral
service establishment's permanent records for a period of seven years.
(3)
(a)
The funeral service establishment shall maintain at the funeral service
establishment's place of business a permanent record of each disposition by alkaline
hydrolysis
or natural organic reduction
that took place at the funeral service
establishment.
(b)
The permanent record shall contain:
(i)
the name of the decedent;
(ii)
the date of disposition by alkaline hydrolysis
or natural organic reduction
;
(iii)
the final disposition of the human remains; and
(iv)
any other document required by this chapter.
Section 11. Section
58-9-615
is amended to read:
58-9-615
. Accepting remains for alkaline hydrolysis or natural organic reduction.
(1)
A funeral service establishment may not make or enforce a rule requiring that human
remains be placed in a casket before alkaline hydrolysis
or natural organic reduction
.
(2)
A funeral service establishment may not refuse to accept human remains for alkaline
hydrolysis
or natural organic reduction
because the human remains are not in a casket.
(3)
When using natural organic reduction to dispose of human remains, a funeral service
establishment shall ensure that all materials in the container holding the human remains
are readily reducible by natural organic reduction.
Section 12. Section
58-9-618
is amended to read:
58-9-618
. Limitation of liability.
(1)
An authorizing agent who signs an alkaline hydrolysis
or natural organic reduction
authorization form warrants the truthfulness of the facts set forth on the form, including:
(a)
the identity of the deceased whose remains are to undergo the alkaline hydrolysis
or
natural organic reduction
process; and
(b)
the authorizing agent's authority to order the alkaline hydrolysis
or natural organic
reduction
process.
(2)
A funeral service establishment may rely upon the representations made by an
authorizing agent under Subsection
(1)
.
(3)
The authorizing agent is personally and individually liable for all damage resulting from
a misstatement or misrepresentation made under Subsection
(1)
.
(4)
(a)
A funeral service establishment may arrange for the alkaline hydrolysis
or natural
organic reduction
process upon receipt of an alkaline hydrolysis
or natural organic
reduction
authorization form signed by an authorizing agent.
(b)
A funeral service establishment that arranges the alkaline hydrolysis
or natural
organic reduction
process or releases or disposes of human remains from the alkaline
hydrolysis
or natural organic reduction
process pursuant to an alkaline hydrolysis
or a
natural organic reduction
authorization form is not liable for an action the funeral
service establishment takes pursuant to that authorization.
(5)
A funeral service establishment is not responsible or liable for any valuables delivered
to the establishment with human remains.
(6)
A funeral service establishment may refuse to arrange for the alkaline hydrolysis
or
natural organic reduction
process of a decedent, to accept human remains for the
alkaline hydrolysis
or natural organic reduction
process, or to perform the alkaline
hydrolysis
or natural organic reduction
process:
(a)
if the
funeral service
establishment is aware of a dispute concerning the disposition
of the human remains and the funeral service establishment has not received a court
order or other suitable confirmation that the dispute has been resolved;
(b)
if the
funeral service
establishment has a reasonable basis for questioning any of the
representations made by an authorizing agent; or
(c)
for any other lawful reason.
(7)
(a)
If a funeral service establishment is aware of a dispute concerning the release or
disposition of remains from the alkaline hydrolysis
or natural organic reduction
process in the funeral service establishment's possession, the
funeral service

establishment may refuse to release the remains until:
(i)
the dispute has been resolved; or
(ii)
the funeral service establishment has received a court order authorizing the
release or disposition of the remains.
(b)
A funeral service establishment is not liable for
its
the funeral service
establishment's
refusal to release or dispose of remains from the alkaline hydrolysis
or natural organic reduction
process in accordance with this Subsection
(7)
.
Section 13. Section
58-9-620
is enacted to read:
58-9-620
. Penalties for removal of items from human remains.
(1)
An individual who removes or possesses dental gold or silver, jewelry, or mementos
from human remains:
(a)
with purpose to deprive another over control of the property is guilty of an offense
described in Section
76-6-404
;
(b)
with purpose to exercise unauthorized control and with intent to temporarily deprive
another over control of the property is guilty of an offense described in Section
76-6-404.5
; and
(c)
under circumstances that do not amount to the activities described in Subsection
(1)(a)
or
(b)
, and without specific written permission of the individual who has the
right to control those remains, is guilty of a class B misdemeanor.
(2)
The fact that residue or any unavoidable dental gold or dental silver or other precious
metal remain in alkaline hydrolysis equipment or a container used in a prior alkaline
hydrolysis process is not a violation of Subsection
(1)
.
Section 14. Section
58-9-621
is enacted to read:
58-9-621
. Procedure for natural organic reduction.
(1)
A funeral service establishment may not perform natural organic reduction on human
remains unless the funeral service establishment:
(a)
completes and files a death certificate with the Office of Vital Records and Statistics
and the county health department as indicated on the regular medical certificate of
death or the medical examiner's certificate; and
(b)
complies with the provisions of Section
26B-8-230
.
(2)
A funeral service establishment may not perform simultaneous natural organic reduction
of the human remains of more than one individual within the same natural organic
reduction container.
(3)
A funeral service establishment shall:
(a)
verify the identification of human remains as indicated on a natural organic reduction
container immediately before performing natural organic reduction;
(b)
attach an identification tag to the natural organic reduction container; and
(c)
ensure that the identification tag remains on the natural organic reduction container
until the natural organic reduction process is complete.
(4)
Upon completion of the natural organic reduction process, the funeral service
establishment shall:
(a)
to the extent possible, remove all of the recoverable residue of the remains of the
natural organic reduction process from the natural organic reduction container;
(b)
separate all other residue from the natural organic reduction process from remaining
bone fragment, to the extent possible, and process the bone fragments to reduce the
bone fragments to unidentifiable particles; and
(c)
remove anything other than the unidentifiable bone particles from the remains of the
natural organic reduction process, to the extent possible, and dispose of that material.
(5)
(a)
A funeral service establishment shall pack the unidentifiable bone particles
described in Subsection
(4)
and the identification tag described in Subsection
(3)
in
an urn or temporary container ordered by the authorizing agent.
(b)
The funeral service establishment shall pack any urn or temporary container in clean
packing materials and prevent contamination with any other object, unless otherwise
directed by the authorizing agent.
(c)
If the remains of the natural organic reduction process cannot fit within the
designated urn or temporary container, the funeral service establishment shall:
(i)
return the excess remains to the authorizing agent or the agent's representative in a
separate temporary container; and
(ii)
mark both a designated urn and a temporary container on the outside with the
name of the decedent and an indication that the remains of the named decedent are
in both the designated urn and the temporary container.
(6)
(a)
If the remains are to be shipped, the funeral service establishment shall pack any
designated urn or temporary container.
(b)
The funeral service establishment shall have the remains shipped only by a method
that:
(i)
has an available tracking system; and
(ii)
provides a receipt signed by the individual accepting the delivery.
Section 15. Section
58-9-622
is enacted to read:
58-9-622
. Disposition of remains from the natural organic reduction process.
(1)
As used in this section, "remains" means the remaining soil left after the decomposition
of a body through the natural organic reduction process.
(2)
(a)
The authorizing agent is responsible for the disposition of the remains.
(b)
An authorizing agent shall provide the person with which natural organic reduction
arrangements are made a signed statement specifying the disposition of the remains,
if known.
(c)
The person to which the authorizing agent provides the signed statement described in
Subsection
(2)(b)
shall retain a copy of the statement.
(d)
If the authorizing agent or the agent's representative has not specified the ultimate
disposition of or claimed the remains within 60 days after the day on which the
natural organic reduction process occurs, the funeral service establishment may
dispose of the remains in any manner permitted by law, except scattering.
(e)
The authorizing agent shall reimburse the funeral service establishment for all
reasonable costs incurred in disposing of the remains under Subsection
(2)(d)
.
(f)
The person disposing of remains under this section:
(i)
shall make and keep a record of the final disposition of the remains; and
(ii)
is discharged from any legal obligation or liability concerning the remains once
the final disposition has been made.
(3)
An authorizing agent may direct a funeral service establishment to dispose of or arrange
for the final disposition of remains:
(a)
in a crypt, niche, grave, or scattering garden located in a dedicated cemetery;
(b)
by placing the remains in uninhabited public land, the sea, or other public waterways
subject to health and environmental laws and regulations; or
(c)
except as provided in Section
58-9-501
and subject to Subsection (4), in any manner
on the private property of a consenting owner.
(4)
If remains are to be disposed of on private property, other than dedicated cemetery
property:
(a)
the authorizing agent shall provide the funeral service establishment with the written
consent of the property owner before disposal of the remains; and
(b)
the owner of the private property shall:
(i)
ensure that the remains are placed on the private property within a removable
container;
(ii)
place a physical marker directly adjacent to the removable container indicating
the placement of the remains; and
(iii)
before conveying the property on which the final disposition of the remains
occurs, disclose to the person to whom the owner intends to convey the property:
(A)
the existence of the remains on the property;
(B)
the location of the remains on the property; and
(C)
the day on which the remains were placed on the property.
(5)
The knowing use of remains in growing food for human consumption is unlawful
conduct as described in Section
58-9-501
.
Section 16.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-9-26 1:15 PM