2007 Minnesota Statutes

149A.73 FUNERAL INDUSTRY PRACTICES, GOODS, OR SERVICES.
    Subdivision 1. Casket for cremation provisions; deceptive acts or practices. In selling
or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the
public, it is a deceptive act or practice for a funeral provider to require that a casket be purchased
for cremation.
    Subd. 2. Casket for cremation; preventive requirements. To prevent unfair or deceptive
acts or practices, if funeral providers arrange cremations, they must make a cremation container
available for cremations.
    Subd. 3. Required purchases of funeral goods or services; deceptive acts or practices.
(a) In selling or offering to sell funeral goods, funeral services, burial site goods, or burial
site services to the public, it is a deceptive act or practice for a funeral provider to condition
the furnishing of any funeral good, funeral service, burial site good, or burial site service to a
consumer arranging a funeral upon the purchase of any other funeral good, funeral service, burial
site good, or burial site service, except as may be otherwise required by law or to charge any fee
as a condition to furnishing any funeral goods, funeral services, burial site goods, or burial site
services to a consumer arranging a funeral, other than the fees for services of funeral director and
staff, other funeral services, funeral goods, burial site goods, and burial site services selected by
the purchaser, and other funeral goods, funeral services, burial site goods, or burial site services
required to be purchased, as explained on the itemized statement in accordance with section
149A.72, subdivision 10.
(b) In selling or offering to sell funeral goods, funeral services, burial site goods, or burial
site services to the public, it is a deceptive act or practice for a funeral provider to charge an
increased price for the handling, placing, or setting of a funeral good or burial site good based
upon the fact that the good was not purchased from that funeral provider.
    Subd. 4. Required purchases of funeral goods or services; preventive requirements. To
prevent unfair or deceptive acts or practices, funeral providers must place the following disclosure
in the general price list, immediately above the prices required by section 149A.71, subdivision 2,
paragraph (e), clauses (4) to (10): "The goods and services shown below are those we can provide
to our customers. You may choose only the items you desire. If legal or other requirements mean
that you must buy any items you did not specifically ask for, we will explain the reason in writing
on the statement we provide describing the funeral goods, funeral services, burial site goods, and
burial site services you selected." However, if the charge for "services of funeral director and
staff" cannot be declined by the purchaser, the statement shall include the sentence "However,
any funeral arrangements you select will include a charge for our basic services." between the
second and third sentences of the sentences specified in this subdivision. The statement may
include the phrase "and overhead" after the word "services" if the fee includes a charge for the
recovery of unallocated funeral overhead. If the funeral provider does not include this disclosure
statement, then the following disclosure statement must be placed in the statement of funeral
goods, funeral services, burial site goods, and burial site services selected, as described in section
149A.71, subdivision 2, paragraph (f): "Charges are only for those items that you selected or that
are required. If we are required by law or by a cemetery or crematory to use any items, we will
explain the reasons in writing below." A funeral provider is not in violation of this subdivision
by failing to comply with a request for a combination of goods or services which would be
impossible, impractical, or excessively burdensome to provide.
    Subd. 5. Rental of funeral goods. It is a deceptive act or practice for a funeral provider to
require as a condition of providing any funeral good or burial site good that the funeral good or
burial site good be purchased by a consumer when rental of the good is practicable.
History: 1997 c 215 s 30; 2000 c 438 s 24-27