§ 8342 Casket-Free Cremation Requirements

Health and Safety Code·California

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Key Takeaways

•You don’t have to put a dead body in a casket to cremate it.
•A crematory can’t refuse to cremate a body just because it’s not in a casket.
•They can ask for some kind of container, but not a full casket.
•If they break this rule, they can get in trouble with the law.

Example

A family wants to cremate their loved one but doesn’t want to buy an expensive casket.

The crematory can’t say no just because there’s no casket. They can ask for a simple container, like a cardboard box, but they can’t force the family to buy a casket.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 8342 Casket-Free Cremation Requirements

No crematory shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket, nor shall a crematory refuse to accept human remains for cremation for the reason that they are not in a casket. Every director, officer, agent or representative of a crematory who violates this section is guilty of a misdemeanor. Nothing in this section shall be construed to prohibit the requiring of some type of container or disposal unit. (Added by Stats. 1971, Ch. 1027.)

Last verified: January 24, 2026

Key Terms

disposal director misdemeanor cremation in california

References

Official text at leginfo.legislature.ca.gov
California Legislature. Health and Safety Code. Section 8342.

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Key Takeaways

Example

Key Terms

Related Statutes

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