(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 (1) Deceptive Acts or Practices. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to: (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. To prevent these deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in § 453.4(a)(1), funeral providers must place the following disclosure in immediate conjunction with the price range shown for direct cremations: “If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers we provide are (specify containers).” This disclosure only has to be placed on the general price list if the funeral provider arranges direct cremations. (c) Outer Burial Container Provisions (1) Deceptive Acts or Practices. In selling or offering to sell funeral goods and funeral services to the public, it is a deceptive act or practice for a funeral provider to: (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. To prevent these deceptive acts or practices, funeral providers must place the following disclosure on the outer burial container price list, required by § 453.2(b)(3)(i), or, if the prices of outer burial containers are listed on the general price list, required by § 453.2(b)(4), in immediate conjunction with those prices: “In most areas of the country, state or local law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements.” The phrase “in most areas of the country” need not be included in this disclosure if state or local law in the area(s) where the provider does business does not require a container to surround the casket in the grave. (d) General Provisions on Legal and Cemetery Requirements (1) Deceptive Acts or Practices. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for funeral providers to
(2) The following statement: “Please note that a fee of (specify dollar amount) for the use of our basic services is included in the price of our caskets. This same fee shall be added to the total cost of your funeral arrangements if you provide the casket. Our services include (specify).” The fee shall include all charges for the recovery of unallocated funeral provider overhead, and funeral providers may include in the required disclosure the phrase “and overhead” after the word “services.” The statement must be
placed on the general price list together with the casket price range, required by paragraph (b)(4)(iii)(A)(1) of this section, or together with the prices of individual caskets, required by (b)(4)(iii)(A)(2) of this section. (iv) The services fee permitted by § 453.2(b)(4)(iii) (C)(1) or (C)(2) is the only funeral provider fee for services, facilities, or unallocated overhead permitted by this part to be non-declinable, unless otherwise required by law. (5) Statement of Funeral Goods and Services Selected (i) Give an itemized written statement for retention to each person who arranges a funeral or other disposition of human remains, at the conclusion of the discussion of arrangements. The statement must list at least the following information: (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 Funeral providers may give persons any other price information, in any other format, in addition to that required by § 453.2(b)(2), (3), and (4) so long as the statement required by § 453.2(b)(5) is given when required by the rule. § 453.3 Misrepresentations (a) Embalming Provisions (1) Deceptive Acts or Practices. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to: (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. To prevent these deceptive acts or practices, as well as the unfair or deceptive acts or practices defined in §§ 453.4(b)(1) and 453.5(2), funeral providers must: (i) Not represent that a deceased person is required
to be embalmed for: (A) direct cremation;
Book Code: FTX1624
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EliteLearning.com/Funeral
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