PART 453—FUNERAL INDUSTRY PRACTICES Authority: 15 U.S.C. 57a(a); 15 U.S.C. 46(g); 5 U.S.C. 552. Source: 59 FR 1611, Jan. 11, 1994, unless otherwise noted. § 453.1 Definitions. (a) Alternative container. (b) Cash advance item. (c) Casket. (d) Commission. (e) Cremation. (f) Crematory. (g) Direct cremation. (h) Funeral goods. (i) Funeral provider. (j) Funeral services. (1) Care for and prepare deceased human bodies for burial, cremation or other final disposition; and (2) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies. (k) Immediate burial. (l) Memorial service. (m) Funeral ceremony. (n) Outer burial container. (o) Person. (p) Services of funeral director and staff. § 453.2 Price disclosures. (a) Unfair or deceptive acts or practices. (b) Preventive requirements. (1) Telephone price disclosure. (2) Casket price list. (ii) Place on the list, however produced, the name of the funeral provider's place of business and a caption describing the list as a “casket price list.” (3) Outer burial container price list. (ii) Place on the list, however produced, the name of the funeral provider's place of business and a caption describing the list as an “outer burial container price list.” (4) General price list. ( 1 ( 2 ( 3 (B) The requirement in paragraph (b)(4)(i)(A) of this section applies whether the discussion takes place in the funeral home or elsewhere. Provided, however, that when the deceased is removed for transportation to the funeral home, an in-person request at that time for authorization to embalm, required by § 453.5(a)(2), does not, by itself, trigger the requirement to offer the general price list if the provider in seeking prior embalming approval discloses that embalming is not required by law except in certain special cases, if any. Any other discussion during that time about prices or the selection of funeral goods or services triggers the requirement under paragraph (b)(4)(i)(A) of this section to give consumers a general price list. (C) The list required in paragraph (b)(4)(i)(A) of this section must contain at least the following information: ( 1 ( 2 ( 3 (ii) Include on the price list, in any order, the retail prices (expressed either as the flat fee, or as the price per hour, mile or other unit of computation) and the other information specified below for at least each of the following items, if offered for sale: (A) Forwarding of remains to another funeral home, together with a list of the services provided for any quoted price; (B) Receiving remains from another funeral home, together with a list of the services provided for any quoted price; (C) The price range for the direct cremations offered by the funeral provider, together with: ( 1 ( 2 ( 3 (D) The price range for the immediate burials offered by the funeral provider, together with: ( 1 ( 2 ( 3 (E) Transfer of remains to funeral home; (F) Embalming; (G) Other preparation of the body; (H) Use of facilities and staff for viewing; (I) Use of facilities and staff for funeral ceremony; (J) Use of facilities and staff for memorial service; (K) Use of equipment and staff for graveside service; (L) Hearse; and (M) Limousine. (iii) Include on the price list, in any order, the following information: (A) Either of the following: ( 1 ( 2 (B) Either of the following: ( 1 ( 2 (C) Either of the following: ( 1 ( 2 specify dollar amount 1 2 (iv) The services fee permitted by § 453.2(b)(4)(iii)(C)( 1 2 (5) Statement of funeral goods and services selected. (A) The funeral goods and funeral services selected by that person and the prices to be paid for each of them; (B) Specifically itemized cash advance items. (These prices must be given to the extent then known or reasonably ascertainable. If the prices are not known or reasonably ascertainable, a good faith estimate shall be given and a written statement of the actual charges shall be provided before the final bill is paid.); and (C) The total cost of the goods and services selected. (ii) The information required by this paragraph (b)(5) may be included on any contract, statement, or other document which the funeral provider would otherwise provide at the conclusion of discussion of arrangements. (6) Other pricing methods. § 453.3 Misrepresentations. (a) Embalming provisions Deceptive acts or practices. (i) Represent that state or local law requires that a deceased person be embalmed when such is not the case; (ii) Fail to disclose that embalming is not required by law except in certain special cases, if any. (2) Preventive requirements. (i) Not represent that a deceased person is required to be embalmed for: (A) Direct cremation; (B) Immediate burial; or (C) A closed casket funeral without viewing or visitation when refrigeration is available and when state or local law does not require embalming; and (ii) Place the following disclosure on the general price list, required by § 453.2(b)(4), in immediate conjunction with the price shown for embalming: “Except in certain special 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.” The phrase “except in certain special cases” need not be included in this disclosure if state or local law in the area(s) where the provider does business does not require embalming under any circumstances. (b) Casket for cremation provisions Deceptive acts or practices. (i) Represent that state or local law requires a casket for direct cremations; (ii) Represent that a casket is required for direct cremations. (2) Preventive requirements. (c) Outer burial container provisions Deceptive acts or practices. (i) Represent that state or local laws or regulations, or particular cemeteries, require outer burial containers when such is not the case; (ii) Fail to disclose to persons arranging funerals that state law does not require the purchase of an outer burial container. (2) Preventive requirement. (d) General provisions on legal and cemetery requirements Deceptive acts or practices. (2) Preventive requirements. (e) Provisions on preservative and protective value claims. (1) Represent that funeral goods or funeral services will delay the natural decomposition of human remains for a long-term or indefinite time; (2) Represent that funeral goods have protective features or will protect the body from gravesite substances, when such is not the case. (f) Cash advance provisions Deceptive acts or practices. (i) Represent that the price charged for a cash advance item is the same as the cost to the funeral provider for the item when such is not the case; (ii) Fail to disclose to persons arranging funerals that the price being charged for a cash advance item is not the same as the cost to the funeral provider for the item when such is the case. (2) Preventive requirements. § 453.4 Required purchase of funeral goods or funeral services. (a) Casket for cremation provisions Unfair or deceptive acts or practices. (2) Preventive requirement. (b) Other required purchases of funeral goods or funeral services Unfair or deceptive acts or practices. (i) Condition the furnishing of any funeral good or funeral service to a person arranging a funeral upon the purchase of any other funeral good or funeral service, except as required by law or as otherwise permitted by this part; (ii) Charge any fee as a condition to furnishing any funeral goods or funeral services to a person arranging a funeral, other than the fees for: (1) Services of funeral director and staff, permitted by § 453.2(b)(4)(iii)(C); (2) other funeral services and funeral goods selected by the purchaser; and (3) other funeral goods or services required to be purchased, as explained on the itemized statement in accordance with § 453.3(d)(2). (2) Preventive requirements. (A) Place the following disclosure in the general price list, immediately above the prices required by § 453.2(b)(4) (ii) and (iii): “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 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 and services you selected.” Provided, however, that 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 statement specified above herein. The statement may include the phrase “and overhead” after the word “services” if the fee includes a charge for the recovery of unallocated funeral provider overhead; (B) Place the following disclosure in the statement of funeral goods and services selected, required by § 453.2(b)(5)(i): “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.” (ii) A funeral provider shall not violate this section by failing to comply with a request for a combination of goods or services which would be impossible, impractical, or excessively burdensome to provide. § 453.5 Services provided without prior approval. (a) Unfair or deceptive acts or practices. (1) State or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which the family might make; or (2) Prior approval for embalming (expressly so described) has been obtained from a family member or other authorized person; or (3) The funeral provider is unable to contact a family member or other authorized person after exercising due diligence, has no reason to believe the family does not want embalming performed, and obtains subsequent approval for embalming already performed (expressly so described). In seeking approval, the funeral provider must disclose that a fee will be charged if the family selects a funeral which requires embalming, such as a funeral with viewing, and that no fee will be charged if the family selects a service which does not require embalming, such as direct cremation or immediate burial. (b) Preventive requirement. § 453.6 Retention of documents. To prevent the unfair or deceptive acts or practices specified in §§ 453.2 and 453.3 of this rule, funeral providers must retain and make available for inspection by Commission officials true and accurate copies of the price lists specified in §§ 453.2(b) (2) through (4), as applicable, for at least one year after the date of their last distribution to customers, and a copy of each statement of funeral goods and services selected, as required by § 453.2(b)(5), for at least one year from the date of the arrangements conference. § 453.7 Comprehension of disclosures. To prevent the unfair or deceptive acts or practices specified in §§ 453.2 through 453.5, funeral providers must make all disclosures required by those sections in a clear and conspicuous manner. Providers shall not include in the casket, outer burial container, and general price lists, required by §§ 453.2(b)(2)-(4), any statement or information that alters or contradicts the information required by this part to be included in those lists. § 453.8 Declaration of intent. (a) Except as otherwise provided in § 453.2(a), it is a violation of this rule to engage in any unfair or deceptive acts or practices specified in this rule, or to fail to comply with any of the preventive requirements specified in this rule; (b) The provisions of this rule are separate and severable from one another. If any provision is determined to be invalid, it is the Commission's intention that the remaining provisions shall continue in effect. (c) This rule shall not apply to the business of insurance or to acts in the conduct thereof. § 453.9 State exemptions. If, upon application to the Commission by an appropriate state agency, the Commission determines that: (a) There is a state requirement in effect which applies to any transaction to which this rule applies; and (b) That state requirement affords an overall level of protection to consumers which is as great as, or greater than, the protection afforded by this rule; then the Commission's rule will not be in effect in that state to the extent specified by the Commission in its determination, for as long as the State administers and enforces effectively the state requirement.