1997 Minnesota Statutes

     149A.72 Funeral industry practices; misrepresentations. 

    Subdivision 1.    Embalming provisions; deceptive acts or 
 practices.  In selling or offering to sell funeral goods or 
 funeral services to the public, it is a deceptive act or 
 practice for a funeral provider to represent that state or local 
 law requires that a dead human body be embalmed when that is not 
 the case or to fail to disclose that embalming is not required 
 by law except in certain cases. 

    Subd. 2.    Embalming provisions; preventive requirements. 
  To prevent deceptive acts or practices, a funeral provider 
 must not represent that a dead human body is required to be 
 embalmed for direct cremation, immediate burial, or a closed 
 casket funeral without viewing or visitation, when refrigeration 
 is available and when not required by law.  The funeral provider 
 must also place the following disclosure on the general price 
 list, described in section 149A.71, subdivision 2, paragraph 
 (e), in immediate conjunction with the price shown for 
 embalming:  "Except in certain cases, embalming is not required 
 by law.  Embalming may be necessary, however, if you select 
 certain funeral arrangements, such as a funeral with viewing.  
 If you do not want embalming, you usually have the right to 
 choose an arrangement that does not require you to pay for it, 
 such as direct cremation or immediate burial." 

    Subd. 3.    Casket for cremation provisions; deceptive 
 acts or practices.  In selling or offering to sell funeral 
 goods or funeral services to the public, it is a deceptive act 
 or practice for a funeral provider to represent that a casket is 
 required for cremations by state or local law or otherwise. 

    Subd. 4.    Casket for cremation provision; preventive 
 measures.  To prevent deceptive acts or practices, funeral 
 providers must place the following disclosure in immediate 
 conjunction with the prices shown for cremations:  "If you want 
 to arrange a cremation, you can use a cremation container.  A 
 cremation container is a combustible, closed container resistant 
 to the leakage of bodily fluids, that encases the body and can 
 be made of materials like fiberboard or composition materials 
 (with or without an outside covering).  The containers we 
 provide are (specify containers provided)."  This disclosure is 
 required only if the funeral provider arranges direct cremations.

    Subd. 5.    Rental caskets; deceptive acts or practices. 
  In selling or offering to sell funeral goods or funeral 
 services to the public, it is a deceptive act or practice for a 
 funeral provider to fail to disclose that a casket has been used 
 in a previous funeral ceremony when that is the case. 

    Subd. 6.    Rental caskets; preventive measures.  To 
 prevent deceptive acts or practices, funeral providers must 
 place the following disclosure in immediate conjunction with the 
 prices shown for funeral services where a casket may be rented 
 rather than purchased:  "If you choose a funeral service where a 
 rental casket is provided, the casket used for the funeral 
 service may have been used in a previous funeral service.  If 
 the casket has been used in a previous funeral service, the 
 interior lining has either been replaced or thoroughly cleaned." 

    Subd. 7.    Outer burial container provisions; deceptive 
 acts or practices.  In selling or offering to sell funeral 
 goods or funeral services to the public, it is a deceptive act 
 or practice for a funeral provider to represent that state or 
 local laws or regulations, or particular cemeteries, require 
 outer burial containers when that is not the case or to fail to 
 disclose to consumers arranging funerals that state law or local 
 law does not require the purchase of an outer burial container. 

    Subd. 8.    Outer burial container provisions; preventive 
 requirements.  To prevent deceptive acts or practices, funeral 
 providers must place the following disclosure on the outer 
 burial container price list, described in section 149A.71, 
 subdivision 2, paragraph (c), or, if the prices of outer burial 
 containers are listed on the general price list, described in 
 section 149A.71, subdivision 2, paragraph (e), in immediate 
 conjunction with those prices:  "In most areas of the country, 
 state or local law does not require that you buy a container to 
 surround the casket in the grave.  However, many cemeteries 
 require that you have such a container so that the grave will 
 not sink in.  Either a grave liner or a burial vault will 
 satisfy these requirements." 

    Subd. 9.    General provisions on legal and cemetery 
 requirements; deceptive acts or practices.  In selling or 
 offering to sell funeral goods or funeral services to the 
 public, it is a deceptive act or practice for a funeral provider 
 to represent that federal, state, or local laws, or particular 
 cemeteries or crematories, require the purchase of any funeral 
 goods or funeral services when that is not the case. 

    Subd. 10.    General provisions on legal and cemetery 
 requirements; preventive requirements.  To prevent deceptive 
 acts or practices, funeral providers must identify and briefly 
 describe in writing on the statement of funeral goods and 
 services selected, as described in section 149A.71, subdivision 
 2, paragraph (f), any legal, cemetery, or crematory requirement 
 which the funeral provider represents to consumers as compelling 
 the purchase of funeral goods or funeral services for the 
 funeral which that consumer is arranging. 

    Subd. 11.    Provisions on preservative and protective 
 value claims; deceptive acts or practices.  In selling or 
 offering to sell funeral goods or funeral services to the 
 public, it is a deceptive act or practice for a funeral provider 
 to represent that funeral goods or funeral services will delay 
 the natural decomposition of human remains for a long term or 
 indefinite time or to represent that funeral goods have 
 protective features, beyond a lid sealing casket, or will 
 protect the body from grave site substances, when that is not 
 the case. 

    Subd. 12.    Cash advance provisions; deceptive acts or 
 practices.  In selling or offering to sell funeral goods or 
 funeral services to the public, it is a deceptive act or 
 practice for a funeral provider to represent that the price 
 charged for a cash advance item is the same as the cost to the 
 funeral provider for the item when that is not the case or to 
 fail to disclose to the consumer arranging the funeral that the 
 price charged for a cash advance item is not the same as the 
 cost to the funeral provider when that is not the case. 

    Subd. 13.    Cash advance provisions; preventive 
 requirements.  To prevent deceptive acts or practices, funeral 
 providers must place the following sentence in the itemized 
 statement of funeral goods and services selected, in immediate 
 conjunction with the list of itemized cash advance items 
 required by section 149A.71, subdivision 2, paragraph (f):  "We 
 charge you for our services in obtaining (specify cash advance 
 items provided).", if the funeral provider makes a charge upon, 
 or receives and retains a rebate, commission, or trade or volume 
 discount upon a cash advance item. 

    HIST: 1997 c 215 s 29