Disclosure Requirements

• Mandates that cremation providers (the entity actually performing the cremation) furnish and publicly post a written description of all cremation service types: private, individual-partitioned, and communal.
• Requires an intermediary (anyone else involved in the business of cremation) to disclose whether their business will conduct the cremation or contract with a cremation provider.

Requirements for Cremation Provider

• Provider will be asked to furnish a written description of all cremation service types they offer to inform consumers.
• Provider will certify that returned remains belong to the correct animal.
• Provider will document the type of cremation (individual, partitioned, or communal)
• Provider will provide a certificate to an intermediary and consumer, which includes the date of when the cremation was performed.
• Must refrigerate remains within 48 hours of receiving the remains.
• Must maintain record of cremation for a period of three years. This includes the date of the cremation, the method and the name of the entity that performed the cremation.
• Ensure that a holding facility used to retain the remains of deceased complies with applicable Federal and state health laws.

Requirements for Intermediaries (Veterinarians, Funeral Home Directors and other entities involved in the transportation and cremation of pets)

• Intermediaries working with consumers will be required to present the written description of the contracted cremation provider.
• Must refrigerate remains within 48 hours of receiving the remains.
• Must maintain record of cremation for a period of three years. This includes the date of the cremation, the method and the name of the entity that performed the cremation.
• Ensure that a holding facility used to retain the remains of deceased animals complies with applicable Federal and state health laws.

Prohibited Conduct Includes:

• Failure to prepare or distribute a written description of services that the person knows or reasonably should know is false, misleading or otherwise not in compliance with this act.
• Knowingly makes a false certification of service
• Violates the holding facility standards.
• Fails to maintain or secure records

Enforcement and Penalties

• Makes violations of this act subject to the Unfair Trade Practices and Consumer Protection Law, granting enforcement authority to the Attorney General and district attorneys.
• Specifies that a cremation provider convicted of multiple violations related to improper handling, storage, or disposal of animal remains will be subject to have its license reviewed and potentially revoked, suspended, or be permanently prohibited from operating as a pet cremation provider in Pennsylvania by the Department of Agriculture.

Liability Protections

• Provides that intermediaries (such as veterinarians or funeral directors) are not liable for the action of the cremation providers as long as they are acting in good faith and verify the cremation providers operations and practices align with their written description.

A consumer that works with a veterinarian, funeral director, cremation provider or other type of service to have their pet cremated would be presented with a service description upon engaging in aftercare discussions.

The pet owner would be presented with a written description of the cremation providers available services and include the entities name that would be providing the cremation.  Oftentimes, customers are unaware that their pet will be transported to another location for cremation, potentially to another business.

Upon completion of the cremation, the cremation provider would be responsible for issuing a certification that verifies the cremation was conducted. This certification will be returned with the remains to the pet owner and a copy will be provided to the intermediary for their records.

How would this have prevented the tragedy in Pittsburgh and prevent future issues?

This legislation would require consumers be made aware of where their pet will be cremated, creating an additional layer of accountability and consent. In addition to cremation providers creating a description of service they will also be required to return a certification of service with the return of the cremated remains. This will be provided to both the intermediary and the pet owner to provide assurance that a cremation operator performed the cremation.

What information will the cremation certificate entail?

A statement that the returned remains are those of the animal owner’s deceased animal and the cremation and related services were performed in accordance with the cremation provider’s written description of services, as authorized by the animal owner. The date the cremation was completed.  The type of cremation performed.