149A.94 FINAL DISPOSITION.
Subdivision 1. Generally.
Every dead human body lying within the state, except those
delivered for dissection pursuant to section
, those delivered for anatomical study
pursuant to section
149A.81, subdivision 2
, or lawfully carried through the state for the purpose
of disposition elsewhere; and the remains of any dead human body after dissection or anatomical
study, shall be decently buried, entombed, or cremated, within a reasonable time after death.
Where final disposition of a body will not be accomplished within 72 hours following death or
release of the body by a competent authority with jurisdiction over the body, the body must
be properly embalmed. For purposes of this section, refrigeration is not considered a form of
preservation or disinfection and does not alter the 72-hour requirement, except as provided in
Subd. 2. Cremation exceptions.
The 72-hour requirement does not apply when a body
properly delivered to a crematory cannot be cremated within the time constraints imposed by law
for reasons of mechanical failure of the cremation chamber or timeliness of delivery. Should a
crematory accept delivery of a body later than 67 hours following the death or release of the body
by a competent authority with jurisdiction over the body or experience such mechanical failure,
the properly delivered body, whether embalmed or not, must be maintained in a secure holding
facility at a temperature within the range of 34 and 40 degrees Fahrenheit until cremation can
be accomplished. If cremation cannot be accomplished within five calendar days after death or
release of the body, the crematory must obtain a permit to retain the body pursuant to section
149A.93, subdivision 3
. No body may be kept in refrigeration for a period that exceeds seven
calendar days from receipt of the body by the crematory. If cremation cannot be accomplished
within the seven calendar day period, arrangements must be made to have the body transported to
an alternate crematory for final disposition.
Subd. 3. Permit required.
No dead human body shall be buried, entombed, or cremated
without a disposition permit. The disposition permit must be filed with the person in charge of the
place of final disposition. Where a dead human body will be transported out of this state for final
disposition, the body must be accompanied by a transit permit.
Subd. 4. Cremation.
Inurnment of cremated remains and release to an appropriate
party is considered final disposition and no further permits or authorizations are required for
transportation, interment, entombment, or placement of the cremated remains, except as provided
149A.95, subdivision 16
History: 1997 c 215 s 40; 2005 c 106 s 63