South Dakota Codified Laws
Chapter 26A - Crematories And Cremations
Section 34-26A-1 - Definition of terms.

34-26A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Board," the State Board of Funeral Service;
(1A)"Casket," a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, or like material and ornamented and lined with fabric;
(2)"Closed container," any container in which cremated remains can be placed and closed in a manner so as to prevent leakage or spillage of cremated remains or the entrance of foreign material;
(3)"Cremated remains," all human remains recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions;
(4)"Cremation," the technical process, using heat, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation;
(5)"Cremation chamber," the enclosed space within which the cremation process takes place. Cremation chambers covered by these procedures shall be used exclusively for the cremation of human remains;
(6)"Cremation container," the container in which the human remains are placed in the cremation chamber for a cremation. A cremation container shall be composed of readily combustible materials suitable for cremation, be able to be closed in order to provide a complete covering for the human remains, be resistant to leakage or spillage, be rigid enough for handling with ease, and be able to provide protection for the health, safety, and personal integrity of crematory personnel;
(7)"Crematory authority," the legal entity or the authorized representative of the legal entity which is licensed by the board to operate a crematory and perform cremation;
(8)"Crematory," the building or portion of a building that houses the cremation chamber and the holding facility;
(9)"Holding facility," an area within or adjacent to the crematory facility designated for the retention of human remains prior to cremation that complies with any applicable public health law, preserves the dignity of the human remains, recognizes the integrity, health, and safety of the crematory authority personnel operating the crematory, and is secure from access by anyone other than authority personnel;
(10)"Human remains," the body of a deceased person, not including pathological waste;
(11)"Niche," a compartment or cubicle for the memorialization or permanent placement of an urn containing cremated remains;
(12)"Pathological waste," human tissues, organs, and blood or body fluids, in liquid or semiliquid form, that are removed from a person for medical purposes during treatment, surgery, biopsy, or autopsy;
(13)"Scattering area," a designated area for the scattering of cremated remains;
(14)"Temporary container," a receptacle for cremated remains usually made of cardboard, plastic film, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired; and
(15)"Urn," a receptacle designed to permanently encase the cremated remains.

Source: SL 1988, ch 283, §1; SL 1989, ch 298, §§1, 2; SL 1998, ch 211, §§1 to 3.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 26A - Crematories And Cremations

Section 34-26A-1 - Definition of terms.

Section 34-26A-2 - Authorizing agent defined--Public official or institutional representative as authorizing agent.

Section 34-26A-3 - Construction and maintenance of crematory--Operation under licensed funeral director or establishment--Exception--Building and zoning regulations.

Section 34-26A-4 - Application for licensure or renewal--Forms--Fee--Contents--Annual examination--Notice on change of ownership.

Section 34-26A-5 - Cremation prohibited except in licensed crematory--Violation as misdemeanor.

Section 34-26A-6 - Documentation required for cremation--Cremation authorization form--Burial permit--Other local documentation.

Section 34-26A-7 - Delegation of authority of authorizing agent--Reliance on authorization form without liability.

Section 34-26A-8 - Receipt upon receiving human remains--Contents--Signatures.

Section 34-26A-9 - Record of cremations.

Section 34-26A-10 - Acceptance of unidentified human remains prohibited--Identification on exterior of cremation container.

Section 34-26A-11 - Filing of burial permit on completion of cremation.

Section 34-26A-12 - Casket not to be required by crematory authority--Cremation container to be cremated absent written instructions to the contrary.

Section 34-26A-13 - When cremation may take place--Investigation by coroner--Waiver of time requirement.

Section 34-26A-14 - Notification of coroner by crematory authority in certain cases--Investigation--Authorization to cremate.

Section 34-26A-15 - Removal of pacemaker or hazardous implants.

Section 34-26A-16 - Holding human remains before cremation--Refrigeration--Leaking cremation container need not be accepted.

Section 34-26A-17 - Unauthorized persons not permitted in crematory area.

Section 34-26A-18 - Simultaneous cremations forbidden absent written authorization--Authorization as exemption from liability for commingling.

Section 34-26A-19 - Verification of identification before cremation.

Section 34-26A-20 - Removal and processing of residue.

Section 34-26A-21 - Packing of cremated remains--Temporary container--Shipping.

Section 34-26A-22 - Statement by authorizing agent specifying disposition of cremated remains--Retention of copy.

Section 34-26A-23 - Responsibility of authorizing agent for disposition--Disposal of unclaimed remains--Reimbursement--Record--Discharge from liability.

Section 34-26A-24 - Where cremated remains may be disposed of--Consent of property owner.

Section 34-26A-25 - Commingling of cremated remains prohibited--Exceptions.

Section 34-26A-26 - Delivery of cremated remains--Receipt--Transportation of remains.

Section 34-26A-27 - Scattering of cremated remains--Filing of statement with local registrar--Release of remains by crematory authority--Violation as misdemeanor.

Section 34-26A-28 - Cremation authorization form as warranty of identity, authority, etc.--Liability of person signing form.

Section 34-26A-29 - Right of crematory authority to cremate on receipt of authorization form--Immunity from liability--Exception.

Section 34-26A-30 - Crematory authority not responsible for valuables.

Section 34-26A-31 - Refusal to accept body or perform cremation--When crematory authority not liable--Court order or resolution of dispute.

Section 34-26A-32 - Refusal to release cremated remains--When crematory authority not liable--Court order or resolution of dispute.

Section 34-26A-33 - Promulgation of rules by department--Contents--Adoption of rules by crematory authority.

Section 34-26A-34 - Maintenance of crematory in violation of chapter as nuisance--Abatement.

Section 34-26A-35 - Holding self out as crematory authority without license or performing cremation without authorization form as misdemeanor.

Section 34-26A-36 - Knowingly signing false authorization form as misdemeanor.

Section 34-26A-37 - Pre-need contract to specify ultimate disposition of cremated remains--Compliance with contract absent different instructions at time of death--Release from liability.

Section 34-26A-38 - Right to authorize one's own cremation on pre-need basis--Witnesses--Designation of crematory authority--Transfer or cancellation--Notice to department and crematory authority.

Section 34-26A-39 - Disposition of remains of deceased in accordance with pre-need authorization form--Best efforts of persons in possession of form or charged with making arrangements.

Section 34-26A-40 - Crematory authority to comply with pre-need authorization form--Immunity from liability.

Section 34-26A-41 - Employment of licensed funeral director.