N.J. Admin. Code § 13:36-9.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:36-9.7 - General price list

(a) Funeral providers shall give a printed or typewritten price list for retention to persons who inquire in person about funeral arrangements or the prices of funeral goods or funeral services. The price list shall not contain any handwritten information. When people inquire in person about funeral arrangements or the prices of funeral goods or funeral services, the funeral provider shall offer them the list upon beginning discussion either of funeral arrangements or of the selection of any funeral goods or funeral services. The general price list shall contain at least the following information:

1. The name, address, and telephone number of the registered mortuary and the name, license number and title of the manager;

2. A caption describing the list as a "general price list";

3. The effective date of the price list; and

4. If applicable, a statement disclosing the ownership of other registered mortuaries, as required pursuant to 13:36-5.21.

(b) Funeral providers shall include on the price list, in any order, the retail prices (expressed either as the flat fee, or as the price per hour, mile, or other unit of computation) and the other information specified below for at least each of the following items, if offered for sale:

1. Forwarding the remains to another funeral home, together with a list of the services provided for any quoted price;

2. Receiving remains from another funeral home, together with a list of the services provided for any quoted price;

3. The price range for the direct cremations offered by the funeral provider, together with a separate price for a direct cremation where the purchaser provides the container; separate prices for each direct cremation offered including an unfinished wood box or alternative container; and a description of the services and container (where applicable), included in each price;

4. The price range for the immediate burials offered by the funeral provider, together with a separate price for an immediate burial where the purchaser provides the casket; separate prices for each immediate burial offered including a casket or alternative container; and a description of the services and container (where applicable) included in that price;

5. Transfer of remains to funeral home;

6. Embalming;

7. Other preparation of the body;

8. Use of facilities for viewing;

9. Use of facilities for funeral ceremony;

10. Other use of facilities, together with a list of facilities provided by any quoted price;

11. Hearse;

12. Limousine;

13. Other automotive equipment, together with a description of the automotive equipment provided for any quoted price; and

14. Acknowledgement cards; and

15. Individual items of merchandise of less than $ 400.00 each that are offered together as a packaged item.

(c) Funeral providers shall include on the price list in any order, the following information:

1. Either of the following:

i. The price range for the caskets offered by the funeral provider, together with the statement: "A complete price list will be provided at the funeral home."; or

ii. The prices of individual caskets disclosed in the manner specified by 13:36-9.5; and

2. Either of the following:

i. The price range for the outer burial containers offered by the funeral provider, together with the statement: "A complete price list will be provided at the funeral home."; or

ii. The prices of individual outer burial containers, disclosed in the manner specified by 13:36-9.6; and

3. The price for the services of funeral director and staff, together with a list of the principal services provided for any quoted price and, if the charge cannot be declined by the purchaser, the statement: "This fee for our services will be added to the total cost of the funeral arrangements you select. (This fee is already included in our charges for direct cremations, immediate burials, and forwarding or receiving remains.)"

(d) Funeral providers shall include on the general price list the following disclosure statements:

1. In immediate conjunction with the price disclosures required by required by (b) above, "The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. If legal or other requirements mean you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods and services you selected." Provided, however, that if the charge for "services of funeral director and staff" cannot be declined by the purchaser, the statement shall include the sentence: "However, any funeral arrangements you select will include a charge for our services" between the second and third sentences of the statement specified above herein.

2. 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;" and "If you choose to have an embalming performed, the decedent may be embalmed at a location other than this registered mortuary."

3. 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 shall only be placed on the general price list if the licensed practitioner of mortuary science arranges direct cremations.

4. In immediate conjunction with the prices shown for outer burial containers if such prices are included on the general price list, "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 burial vault or a grave liner will satisfy these requirements."

N.J. Admin. Code § 13:36-9.7

Amended by 51 N.J.R. 880(b), effective 6/3/2019