California CodesBusiness and Professions Code - BPCDivision 3 — Professions and Vocations GenerallyChapter 12 — Cemetery and Funeral ActArticle 1.5 — Definitions and Regulation of CemeteriesSection 7612.2

This article does not apply to any of the following:

(a) A religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled, and operated by any of them.

(b) A public cemetery.

(c) Any private or fraternal burial park not exceeding 10 acres in area, established prior to September 19, 1939; however, (1)   those cemeteries shall be subject to the cemetery brokerage provisions of this act, and (2)   any cemetery shall be subject to all of the provisions of this act if it collects a care, maintenance, or embellishment deposit or sets up a trust for burial purposes pursuant to Section 8775 of the Health and Safety Code, including funeral services such as mortuary, cremation, or other commodities or services furnished at the time of and in connection with that funeral or cremation.

Notes

Exempts specified religious cemeteries and entities, public cemeteries, and pre-September 19, 1939 private or fraternal burial parks of no more than 10 acres. Those small burial parks remain subject to cemetery brokerage rules, and any such cemetery becomes subject to the full act if it collects care deposits or establishes the specified burial trust.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 7612.2 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-12/article-1-5/section-7612-2

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