2004 Minnesota Statutes

     149A.94 Final disposition. 

    Subdivision 1.    Generally.  Every dead human body 
 lying within the state, except those delivered for dissection 
 pursuant to section 525.9213, those delivered for anatomical 
 study pursuant to section 149A.81, subdivision 2, or lawfully 
 carried through the state for the purpose of disposition 
 elsewhere; and the remains of any dead human body after 
 dissection or anatomical study, shall be decently buried, 
 entombed, or cremated, within a reasonable time after death.  
 Where final disposition of a body will not be accomplished 
 within 72 hours following death or release of the body by a 
 competent authority with jurisdiction over the body, the body 
 must be properly embalmed.  For purposes of this section, 
 refrigeration is not considered a form of preservation or 
 disinfection and does not alter the 72-hour requirement, except 
 as provided in subdivision 2. 

    Subd. 2.    Cremation exceptions.  The 72-hour 
 requirement does not apply when a body properly delivered to a 
 crematory cannot be cremated within the time constraints imposed 
 by law for reasons of mechanical failure of the cremation 
 chamber or timeliness of delivery.  Should a crematory accept 
 delivery of a body later than 67 hours following the death or 
 release of the body by a competent authority with jurisdiction 
 over the body or experience such mechanical failure, the 
 properly delivered body, whether embalmed or not, must be 
 maintained in a secure holding facility at a temperature within 
 the range of 34 and 40 degrees Fahrenheit until cremation can be 
 accomplished.  If cremation cannot be accomplished within five 
 calendar days after death or release of the body, the crematory 
 must obtain a permit to retain the body pursuant to section 
 149A.93, subdivision 3.  No body may be kept in refrigeration 
 for a period that exceeds seven calendar days from receipt of 
 the body by the crematory. If cremation cannot be accomplished 
 within the seven calendar day period, arrangements must be made 
 to have the body transported to an alternate crematory for final 
 disposition. 

    Subd. 3.    Permit required.  No dead human body shall 
 be buried, entombed, or cremated without the filing of a 
 properly issued permit with the person in charge of the place of 
 final disposition.  Where a dead human body will be transported 
 out of this state for final disposition, the body must be 
 accompanied by a properly issued disposition permit. 

    Subd. 4.    Cremation.  Inurnment of cremated remains 
 and release to an appropriate party is considered final 
 disposition and no further permits or authorizations are 
 required for transportation, interment, entombment, or placement 
 of the cremated remains, except as provided in section 149A.95, 
 subdivision 16. 

    HIST: 1997 c 215 s 40