A crematory operator who is unable to cremate unembalmed human remains immediately upon taking custody of the human remains must provide or maintain an operable refrigeration unit with cleanable, noncorrosive interior and exterior finishes. The unit must be capable of maintaining a temperature of forty degrees Fahrenheit or below. Human remains that are not embalmed may not be held by the crematory authority for longer than six days before cremation, except in the event of a coroner's investigation or inquest, or when otherwise ordered by a court of competent jurisdiction. For purposes of this section, the phrase, immediately upon taking custody, means within twenty-four hours of taking custody.
Source: 15 SDR 146, effective April 2, 1989; transferred from § 44:21:01:11, 26 SDR 87, effective December 9, 1999; 30 SDR 215, effective July 14, 2004; 50 SDR 157, effective July 2, 2024.
General Authority: SDCL 34-26A-33.
Law Implemented: SDCL 34-26A-4.1(4), 34-26A-13.1, 34-26A-14, 34-26A-31.
