N.Y. Comp. Codes R. & Regs. tit. 19 § 204.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 204.1 - Definitions

As used in this Part, the following terms have the following meanings:

(a)Aerobic means the biochemical decomposition of organic matter primarily into stabilized solids and carbon dioxide by microorganisms in the presence of air.

(b)Bulking agent means a material added to remains to increase porosity and facilitate aeration during composting.

(c)Cemetery board means the New York State Cemetery Board.

(d)Cemetery corporation shall have the same meaning set out in section 1502(a) of the N-PCL, including, pursuant to section 1503(a) of the N-PCL, religious corporations, municipal corporations, cemetery corporations owning cemeteries operated, supervised or controlled by or in connection with a religious corporation, and cemeteries belonging to a religious or municipal corporation or operated, supervised or controlled by or in connection with a religious corporation.

(e)Certified laboratory means a laboratory certified by the Department of Health to conduct analysis under this Part, or an alternate laboratory authorized by the division to conduct such analysis. A laboratory that is itself, or whose owners, officers, directors and key employees are related parties, as defined in section 102(a)(23) of the N-PCL, to the natural organic reduction facility or its officers, directors and key employees, shall not be considered a certified laboratory.

(f)Non-reduced container means a casket or other container which is not intended to be naturally organically reduced with human remains.

(g)Composting means aerobic, thermophilic decomposition to produce a stable, humus-like material.

(h)Construction and demolition debris means waste resulting from construction, remodeling, repair and demolition of structures, buildings and roads, including excavated material, demolition wastes, and construction wastes.

(i)Division means the New York State Division of Cemeteries.

(j)Dry weight basis means calculated on the basis of having been dried until reaching a constant mass.

(k)Funeral entity means a person, partnership, corporation, limited liability company or other form of business organization providing funeral home services, or owning, controlling, conducting or affiliated with a funeral home, any subsidiary thereof or an officer, director or stockholder having a ten per centum or greater proprietary, beneficial, equitable or credit interest in a funeral home.

(l)Humus means stable, degraded organic matter.

(m)Leak-proof means designed and maintained to prevent the escape of liquids or other materials when a container is appropriately closed.

(n)Mature means the characteristics of a soil conditioning material that render it harmless to plant growth when used as a topsoil or soil supplement and make it sufficiently stable that it will not generate nuisance odors during storage, handling, or ultimate use, as determined by the division.

(o)Natural organic reduction means the contained, accelerated conversion of human remains to soil as a stable, humus like material. Natural organic reduction shall not include alkaline hydrolysis, promession, or other, similar processes that do not result in the conversion of human remains to soil. Natural organic reduction shall include the pulverization of bones and processing of other residue.

(p)Natural organic reduction facility means a structure, room, or other space in a building or real property where natural organic reduction of a human body occurs and shall also mean the business or entity operating the facility, or both, as the context requires.

(q)Natural organic reduction identification number means the identification number associated with the remains and used to track the remains throughout the natural organic reduction process.

(r)Natural organic reduction container means an outer container or covering of the remains which is opaque and made of material which can be naturally organically reduced, or can be removed as the remains are covered with materials permitted by section 204.6 of this Part without exposing the remains.

(s)Naturally organically reduced remains means the soil recovered after the completion of natural organic reduction process.

(t)Organic means derived from living matter and is readily biodegradable.

(u)Pathogenic organisms means disease-causing organisms including, but not limited to bacteria, viruses, protozoa and viable helminth ova.

(v)Person in control of disposition means the person or persons who have the right to control the disposition of the remains of a decedent pursuant to section 4201 of the Public Health Law.

(w)Temporary storage facility means a separately enclosed room, or a separately enclosed area within a room, that is designated for and used exclusively for the retention of human remains prior to natural organic reduction, the interior of which is not visible from any area accessible to the general public.

(x)Vector means a carrier organism that is capable of transmitting a pathogen to another organism and includes, but is not limited to, flies and other insects, rodents, birds and vermin.

(y)Vector attraction means the characteristic of materials that attracts rodents, flies, mosquitoes, vermin, or other organisms capable of transporting infectious agents.

(z)Vessel means the chamber, container, or pod into which the remains are placed for natural organic reduction.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 204.1

Adopted New York State Register August 7, 2024/Volume XLVI, Issue 32, eff. 8/7/2024