LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
676
APRIL 27, 2024 PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 341 - L.D. 536
An Act to Provide Natural Organic Reduction Facilities for Maine Residents
for the Conversion of Human Remains to Soil
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 13 MRSA §1031-A is enacted to read:
§1031-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Natural organic reduction. "Natural organic reduction" means the contained
accelerated conversion of human remains to soil.
2. Natural organic reduction facility. "Natural organic reduction facility" means a
building or structure or a room or other space in a building or structure or real property
where natural organic reduction is facilitated and occurs.
Sec. 2. 13 MRSA §1032 is amended to read:
§1032. Disposal of bodies
Except as otherwise provided by law, or in case of a dead body being rightfully carried
through or removed from the State for the purpose of burial or disposition elsewhere, every
dead body of a human being dying within the State and the remains of any body after
dissection therein shall must be decently buried, entombed in a mausoleum, vault or tomb,
or cremated or subjected to natural organic reduction within a reasonable time after death.
The permanent disposition of such bodies or remains shall must be by interment in the
earth, or deposit in a chamber, vault or tomb of a cemetery owned, maintained and operated
in accordance with the laws of this State, by deposit in a crypt of a mausoleum, or by
cremation or natural organic reduction. The remains of a human body after cremation or
natural organic reduction may be deposited in a niche of a columbarium or a crypt of a
mausoleum, scattered in an area of a cemetery, buried or disposed of in any manner not
contrary to law. No A deposit of the bodies or remains of the human dead shall may not
be made in a single chamber, vault or tomb partly above and partly below the natural
surface of the ground, unless the part thereof below such surface is of a permanent
character, constructed of materials capable of withstanding extreme climatic conditions,
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waterproof and air tight airtight, and capable of being sealed permanently to prevent all
escape of effluvia, and unless the part thereof above the natural surface of the ground is
constructed of natural stone of a standard not less than that required by the United States
Government for monuments erected in national cemeteries, or durability sufficient to
withstand all conditions of weather.
Sec. 3. 13 MRSA §1035, as amended by PL 2019, c. 113, Pt. C, §25, is further
amended to read:
§1035. Penalties
Except as otherwise provided in this chapter, a person who fails to comply with or
violates any of the provisions of this chapter in respect to the establishment, maintenance
or operation of a cemetery, community mausoleum, crematory, natural organic reduction
facility or columbarium or to the disposal of dead human bodies commits a Class E crime
except that, notwithstanding Title 17-A, sections 1704 and 1705, the fine may not be less
than $100 or more than $500.
Sec. 4. 13 MRSA §1101-A, sub-§2, as enacted by PL 2003, c. 421, §1, is amended
to read:
2. Columbarium. "Columbarium" means a structure or room or space in a mausoleum
or other building containing niches or recesses for disposition of cremated human remains
or human remains that have been subjected to natural organic reduction.
Sec. 5. 13 MRSA §1265, as enacted by PL 1995, c. 474, §1, is amended to read:
§1265. Tangible personal property
Upon written request and payment of any reasonable out-of-pocket expenses, a
cemetery or, crematory or natural organic reduction facility shall deliver to a person, the
person's attorney-in-fact or the person's personal representative any item of tangible
personal property purchased by that person but remaining in the possession of the cemetery
or, crematory or natural organic reduction facility.
Sec. 6. 13 MRSA §1266, as enacted by PL 1995, c. 474, §1, is amended to read:
§1266. Solicitation of cemetery or crematory or other services or property
Uninvited telephone or door-to-door solicitations for crematory or, cemetery or natural
organic reduction facility services or property are prohibited. This section may not be
construed to limit the raising of funds for capital improvements as long as those funds are
not raised through the purchase of cemetery or, crematory or natural organic reduction
facility services or property. Uninvited solicitations may not be construed to include
solicitations resulting from uninvited good-faith personal referrals from individuals
purchasing services or property from a cemetery or, crematory or natural organic reduction
facility.
Sec. 7. 13 MRSA §1303, 2nd ¶ is amended to read:
Every such cemetery shall must be located in accordance with statutes already in force
and effect, and only after consent for such location has been obtained from the municipality
or other political subdivision where the same is proposed to be located, as well as from the
Bureau of Health Department of Health and Human Services. No A cemetery, community
mausoleum, crematory, natural organic reduction facility or columbarium hereafter
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established shall may not be maintained or operated for the purpose of private profit or
gain, either directly or indirectly, to any director, officer or member of the cemetery
association or other agency owning, maintaining or operating the same, or of any holding
company or development company employed to develop, build and dispose of the same.
A cemetery lawfully established prior to July 24, 1937 may continue to be owned,
maintained and operated under the form of organization adopted therefor. Any corporation
organized prior to July 24, 1937 which that is authorized or empowered to own, construct,
maintain or operate cemeteries or burial grounds may lawfully own, construct, maintain or
operate mausoleums, crematories or columbaria in connection therewith, in accordance
with the laws existing and effective up to the time of July 24, 1937.
Sec. 8. 13 MRSA §1304 is amended to read:
§1304. Sales for speculation or investment
The sale of cemetery lots and plots, or the sale of crypts in a community mausoleum or
niches in a columbarium for speculative or financial investment purposes, or the
conveyance of any portion of a cemetery already dedicated to burial purposes as security
for debt, is prohibited. Every such conveyance, whether made by a person or by a cemetery
association, or by a company or association owning and operating a community
mausoleum, crematory, natural organic reduction facility or columbarium, or by any
holding, development or subsidiary company, shall be is void and of no effect. Whoever
makes or attempts to make a sale or conveyance contrary to this section shall be guilty of
a misdemeanor and must be punished as provided in section 1035.
Sec. 9. 22 MRSA §2841-A is enacted to read:
§2841-A. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Natural organic reduction. "Natural organic reduction" means the contained
accelerated conversion of human remains to soil.
2. Natural organic reduction facility. "Natural organic reduction facility" means a
building or structure or a room or other space in a building or structure or real property
where natural organic reduction is facilitated and occurs.
Sec. 10. 22 MRSA §2843, first ¶, as amended by PL 2009, c. 601, §27, is further
amended to read:
Except as authorized by the department, a dead human body may not be buried,
cremated, subjected to natural organic reduction or otherwise disposed of or removed from
the State until a funeral director or other authorized person in charge of the disposition of
the dead human body or its removal from the State has obtained a permit from the State
Registrar of Vital Statistics or the clerk of the municipality where death occurred or where
the establishment of a funeral director having custody of the dead human body is located
as specified by department rule. The permit is sufficient authority for final disposition in
any place where dead human bodies are disposed of in this State, as long as the
requirements of Title 32, section sections 1405 and 2900-A are met in appropriate cases.
The permit may not be issued to anyone other than a funeral director until the state registrar
or the clerk of the municipality receives a medical certificate that has been signed by a
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physician or a medical examiner that indicates that the physician or medical examiner has
personally examined the body after death. A permit must also be issued if a nurse
practitioner or physician assistant has signed the medical certificate indicating that the
nurse practitioner or physician assistant has knowledge of the deceased's recent medical
condition or was in charge of the deceased's care and that the nurse practitioner or physician
assistant has personally examined the body after death. The authorized person may
transport a dead human body only upon receipt of this permit.
Sec. 11. 22 MRSA §2843, 2nd ¶, as amended by PL 2009, c. 601, §27, is further
amended to read:
The State Registrar of Vital Statistics or a municipal clerk may issue a permit for final
disposition by cremation, burial at sea, use by medical science, natural organic reduction
or removal from the State only upon receipt of a certificate of release by a duly appointed
medicolegal death investigator or medical examiner as specified in Title 32, section 1405
or section 2900-A, subsection 8.
Sec. 12. 22 MRSA §2843, sub-§3, as amended by PL 2013, c. 20, §1, is further
amended to read:
3. Permit for burial. The person in charge of each burying ground or, crematory or
natural organic reduction facility in this State shall endorse, and provide the date the body
was disposed of on, each such permit with which that person is presented, and return it to
the State Registrar of Vital Statistics or to the clerk of the municipality in which such
burying ground or, crematory or facility is located within 7 days after the date of
disposition. If there is no person in charge of the burying ground, an official of the
municipality in which the burying ground is located shall endorse, and provide the date the
body was disposed of on, each such permit, and present it to the State Registrar of Vital
Statistics or the clerk of the municipality. The funeral director or authorized person shall
present a copy of each permit, after endorsement, to the State Registrar of Vital Statistics
or the clerk of the municipality where death occurred and to the clerk who issued the permit.
Sec. 13. 22 MRSA §2843, sub-§3-A, as amended by PL 2019, c. 257, §1, is further
amended to read:
3-A. Authorization for burial of cremated or other remains in public burying
ground. The State Registrar of Vital Statistics shall provide an authorization to be used
for the purposes of this subsection. If cremated human remains that have been cremated or
subjected to natural organic reduction are buried in a public burying ground in the State,
the person in charge of the public burying ground shall endorse and record the date the
cremated remains were buried on an authorization for the remains and return the
authorization to the State Registrar of Vital Statistics or to the clerk of the municipality in
which the public burying ground is located within 7 days after the cremated remains were
buried. If there is no person in charge of the public burying ground, an official of the
municipality in which the public burying ground is located shall endorse and record the
date the cremated remains were buried on the authorization and present the authorization
to the State Registrar of Vital Statistics or the clerk of the municipality. If an authorization
is not returned to the State Registrar of Vital Statistics within 7 days after cremated remains
were buried, the funeral director or authorized person may present a copy of the
authorization, if the authorization has been endorsed, to the State Registrar of Vital
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Statistics or the clerk of the municipality where death occurred and to the clerk who issued
the authorization.
For purposes of this subsection, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Authorization" means the form or electronic process prescribed and furnished by
the State Registrar of Vital Statistics for the purpose of recording the consent of an
authorized person for the burial or removal of cremated human remains that have been
cremated or subjected to natural organic reduction in a public burying ground as
specified by department rule.
B. "Burial" means all manner of dispersal or deposit in or on the ground or in a
structure.
C. "Public burying ground" has the same meaning as in Title 13, section 1101‑A,
subsection 4.
Sec. 14. 22 MRSA §2843-A, sub-§2, as repealed and replaced by PL 2017, c. 475,
Pt. A, §31, is amended by amending the 4th blocked paragraph to read:
The remains or a dead body is considered abandoned if no one takes custody and control
of the remains or dead body for a period of 15 days. A funeral director or practitioner of
funeral service who has physical possession of abandoned remains or an abandoned dead
body may bury or, cremate or subject to natural organic reduction the remains or dead body.
The funeral director or practitioner of funeral service may embalm or refrigerate abandoned
remains or an abandoned dead body without authorization. A certificate of abandonment
that indicates the means of disposition must be filed in the municipality where the death
occurred.
Sec. 15. 22 MRSA §2843-A, sub-§10, as amended by PL 2017, c. 101, §3, is
further amended to read:
10. Funeral director or practitioner of funeral service. The following provisions
apply to the actions and liability of a funeral director or practitioner of funeral service,
cemeteries and, crematories and natural organic reduction facilities and their employees.
A. If there is a dispute regarding custody and control, a funeral director or practitioner
of funeral service may refuse to accept the remains or dead body, inter or otherwise
dispose of the remains or dead body or complete funeral arrangements until the funeral
director or practitioner of funeral service is provided with a court order under
subsection 4 or a written agreement of the person who has custody and control.
B. If there is a dispute regarding custody and control, pending a court determination
under subsection 4 a funeral director or practitioner of funeral service who has physical
possession of the remains or a dead body may embalm or refrigerate and shelter the
remains or a dead body and may bill the estate of the subject for those costs, plus
attorney's fees and court costs.
C. A person who signs a statement of funeral goods and services, or a cremation or
natural organic reduction authorization form or other authorization for disposition of
the remains or a dead body is deemed to warrant the truthfulness of the facts set forth
in the document, including but not limited to the existence of custody and control and
the identity of the subject.
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 D. A funeral director or practitioner of funeral service, cemetery, natural organic
reduction facility or crematory may rely on a statement of funeral goods and services,
or a cremation or natural organic reduction authorization form or other authorization
signed by a person who has custody and control of the remains or a dead body and may
carry out the instructions provided for in the statement of funeral goods and services
or on the form or authorization unless the funeral director or practitioner of funeral
service, cemetery, natural organic reduction facility or crematory knows of objections
from another person.
E. A funeral director or practitioner of funeral service, cemetery, natural organic
reduction facility or crematory is not required to independently investigate custody and
control of the remains or a dead body or who is next of kin.
F. Upon cremation or natural organic reduction of the remains or dead body, the
crematory or natural organic reduction facility shall prepare a certificate of cremation
or natural organic reduction signed and dated by the person in charge of the cremation
or natural organic reduction indicating the date of cremation or natural organic
reduction and the identity of the cremated remains or dead body as identified by the
funeral director or practitioner of funeral service or the cremation or natural organic
reduction authorization form, including the deceased person's full name, date and place
of death, gender and veteran status. The crematory or natural organic reduction facility
shall provide the certificate of cremation or natural organic reduction to the funeral
director or practitioner of funeral service or the person who has custody and control of
the remains or dead body.
Sec. 16. 22 MRSA §2883, 3rd ¶, as enacted by PL 2001, c. 386, §5, is amended to
read:
As used in this section, "burial" includes cremation or natural organic reduction as
defined in section 2841-A, subsection 1 and burial of the cre