8344.5. (a) Except as provided in subdivision (b) or (c), a crematory regulated by the Cemetery and Funeral Bureau shall knowingly cremate only human remains in cremation chambers, along with the cremation container, personal effects of the deceased, and no more than a negligible amount of chlorinated plastic pouches utilized for disease control when necessary.
(b) Upon request of the person with the authority to dispose of the remains, a crematory may cremate the remains of a person who was a member of a branch of the United States military with a single American flag. A flag incinerated pursuant to this subdivision is not subject to the requirements of Section 8344.6.
(c) (1) Notwithstanding any other law, a crematory regulated by the Cemetery and Funeral Bureau also may incinerate one or more American flags, under the following conditions:
(A) Incineration of the flag or flags is performed separately from the cremation of human remains, as provided in subdivision (a).
(B) Incineration of the flag or flags is in accordance with Section 8(k) of Title 4 of the United States Code.
(C) Incineration of the flag or flags occurs within one week before or after any of the following:
(i) Presidents’ Day.
(ii) Memorial Day.
(iii) Flag Day.
(iv) Independence Day.
(v) Veterans’ Day.
(2) This subdivision does not attempt to restrict or otherwise infringe upon any person’s right to free expression under the First Amendment to the United States Constitution.
(Amended by Stats. 2021, Ch. 118, Sec. 1. (AB 496) Effective January 1, 2022.)
Structure California Code