{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2808.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2808.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2808.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2808.1.html"}],"law_id":79091,"edition_id":1,"section_id":79091,"structure_id":14000,"section_number":"54.1-2808.1","catch_line":"Disposition of cremains","history":"1993, c. 531; 2012, cc. 24, 120; 2015, c. 138.","full_text":"Except as otherwise provided in \u00a7 54.1-2808.2, a funeral director may dispose of the cremains of an individual by interment, entombment, inurnment, or by scattering of the cremains, if after 120 days from the date of cremation, the contracting agent has not claimed the cremains or instructed the funeral director as to final disposition. The funeral director shall keep a permanent record of all cremains which identifies the method and site of final disposition. The costs and all reasonable expenses incurred in disposing of the cremains shall be borne by the contracting agent. Upon the disposition of the cremains, the funeral director shall not be liable for the cremains or for the method of final disposition. Except as otherwise provided in \u00a7 54.1-2808.2, any funeral director in possession of unclaimed cremains prior to July 1, 1993, may dispose of such cremains in accordance with the provisions of this section. However, no funeral director shall, without written permission of the contracting agent, dispose of cremains in a manner or a location in which the cremains of the deceased are commingled, except in the scattering of cremains at sea, by air, or in an area used exclusively for such purpose, or place, temporarily, the cremains of persons in the same container or urn.\n\t\tFor the purposes of this section and \u00a7 54.1-2808.2, &#8220;contracting agent&#8221; means any person, organization, association, institution, or group of persons who contracts with a funeral director or funeral establishment for funeral services.","order_by":null,"text":{"0":{"id":283304,"text":"Except as otherwise provided in \u00a7 54.1-2808.2, a funeral director may dispose of the cremains of an individual by interment, entombment, inurnment, or by scattering of the cremains, if after 120 days from the date of cremation, the contracting agent has not claimed the cremains or instructed the funeral director as to final disposition. The funeral director shall keep a permanent record of all cremains which identifies the method and site of final disposition. The costs and all reasonable expenses incurred in disposing of the cremains shall be borne by the contracting agent. Upon the disposition of the cremains, the funeral director shall not be liable for the cremains or for the method of final disposition. Except as otherwise provided in \u00a7 54.1-2808.2, any funeral director in possession of unclaimed cremains prior to July 1, 1993, may dispose of such cremains in accordance with the provisions of this section. However, no funeral director shall, without written permission of the contracting agent, dispose of cremains in a manner or a location in which the cremains of the deceased are commingled, except in the scattering of cremains at sea, by air, or in an area used exclusively for such purpose, or place, temporarily, the cremains of persons in the same container or urn.\n\t\tFor the purposes of this section and \u00a7 54.1-2808.2, &#8220;contracting agent&#8221; means any person, organization, association, institution, or group of persons who contracts with a funeral director or funeral establishment for funeral services.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14000,"edition_id":1,"name":"Board of Funeral Directors and Embalmers","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13923,"metadata":{},"date_created":"2026-06-26 03:46:34","date_modified":"2026-06-26 03:46:34","permalink":{"id":241755,"object_type":"structure","relational_id":14000,"identifier":"1","token":"54.1\/III\/28\/1","url":"\/54.1\/III\/28\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13923,"edition_id":1,"name":"Funeral Services","identifier":"28","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":241753,"object_type":"structure","relational_id":13923,"identifier":"28","token":"54.1\/III\/28","url":"\/54.1\/III\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76263,"structure_id":14000,"section_number":"54.1-2800","catch_line":"Definitions","url":"\/54.1-2800\/","token":"54.1\/III\/28\/1\/54.1-2800","metadata":false},{"id":56302,"structure_id":14000,"section_number":"54.1-2801","catch_line":"Exemptions","url":"\/54.1-2801\/","token":"54.1\/III\/28\/1\/54.1-2801","metadata":false},{"id":60746,"structure_id":14000,"section_number":"54.1-2802","catch_line":"Board; appointment; terms; vacancies; meetings; quorum","url":"\/54.1-2802\/","token":"54.1\/III\/28\/1\/54.1-2802","metadata":false},{"id":73998,"structure_id":14000,"section_number":"54.1-2803","catch_line":"Specific powers and duties of Board","url":"\/54.1-2803\/","token":"54.1\/III\/28\/1\/54.1-2803","metadata":false},{"id":64045,"structure_id":14000,"section_number":"54.1-2804","catch_line":"Licensing authority","url":"\/54.1-2804\/","token":"54.1\/III\/28\/1\/54.1-2804","metadata":false},{"id":84677,"structure_id":14000,"section_number":"54.1-2805","catch_line":"Engaging in the practice of funeral services or the business of preneed funeral planning or acting as a funeral director or embalmer without a license","url":"\/54.1-2805\/","token":"54.1\/III\/28\/1\/54.1-2805","metadata":false},{"id":65511,"structure_id":14000,"section_number":"54.1-2806","catch_line":"Refusal, suspension, or revocation of license, registration, or courtesy card","url":"\/54.1-2806\/","token":"54.1\/III\/28\/1\/54.1-2806","metadata":false},{"id":73758,"structure_id":14000,"section_number":"54.1-2807","catch_line":"Other prohibited activities","url":"\/54.1-2807\/","token":"54.1\/III\/28\/1\/54.1-2807","metadata":false},{"id":57356,"structure_id":14000,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","url":"\/54.1-2807.01\/","token":"54.1\/III\/28\/1\/54.1-2807.01","metadata":false},{"id":75008,"structure_id":14000,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","url":"\/54.1-2807.02\/","token":"54.1\/III\/28\/1\/54.1-2807.02","metadata":false},{"id":79482,"structure_id":14000,"section_number":"54.1-2807.03","catch_line":"Proof of next of kin status","url":"\/54.1-2807.03\/","token":"54.1\/III\/28\/1\/54.1-2807.03","metadata":false},{"id":72647,"structure_id":14000,"section_number":"54.1-2807.1","catch_line":"Confidentiality of information on infectious diseases","url":"\/54.1-2807.1\/","token":"54.1\/III\/28\/1\/54.1-2807.1","metadata":false},{"id":55082,"structure_id":14000,"section_number":"54.1-2808","catch_line":"Repealed","url":"\/54.1-2808\/","token":"54.1\/III\/28\/1\/54.1-2808","metadata":false},{"id":79091,"structure_id":14000,"section_number":"54.1-2808.1","catch_line":"Disposition of cremains","url":"\/54.1-2808.1\/","token":"54.1\/III\/28\/1\/54.1-2808.1","metadata":false},{"id":59456,"structure_id":14000,"section_number":"54.1-2808.2","catch_line":"Identification of unclaimed cremains of veterans and eligible dependents","url":"\/54.1-2808.2\/","token":"54.1\/III\/28\/1\/54.1-2808.2","metadata":false},{"id":74092,"structure_id":14000,"section_number":"54.1-2808.3","catch_line":"Acceptance of third-party-provided caskets","url":"\/54.1-2808.3\/","token":"54.1\/III\/28\/1\/54.1-2808.3","metadata":false},{"id":81802,"structure_id":14000,"section_number":"54.1-2809","catch_line":"Penalties","url":"\/54.1-2809\/","token":"54.1\/III\/28\/1\/54.1-2809","metadata":false}],"previous_section":{"id":55082,"structure_id":14000,"section_number":"54.1-2808","catch_line":"Repealed","url":"\/54.1-2808\/","token":"54.1\/III\/28\/1\/54.1-2808","metadata":false},"next_section":{"id":59456,"structure_id":14000,"section_number":"54.1-2808.2","catch_line":"Identification of unclaimed cremains of veterans and eligible dependents","url":"\/54.1-2808.2\/","token":"54.1\/III\/28\/1\/54.1-2808.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2808.1\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapter 531 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0024\">24<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0120\">120<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0138\">138<\/a>.<\/p>","references":false,"refers_to":[{"id":59456,"section_number":"54.1-2808.2","catch_line":"Identification of unclaimed cremains of veterans and eligible dependents","order_by":null,"url":"\/54.1-2808.2\/"}],"permalink":{"id":241809,"object_type":"law","relational_id":79091,"identifier":"54.1-2808.1","token":"54.1\/III\/28\/1\/54.1-2808.1","url":"\/54.1-2808.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2808.1\/","token":"54.1\/III\/28\/1\/54.1-2808.1","dublin_core":{"Title":"Disposition of cremains","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2808.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Except as otherwise provided in \u00a7&nbsp;<a class=\"law\" title=\"Identification of unclaimed cremains of veterans and eligible dependents\" href=\"\/54.1-2808.2\/\">54.1-2808.2<\/a>, a <span class=\"dictionary\">funeral director<\/span> may dispose of the cremains of an individual by interment, entombment, inurnment, or by scattering of the cremains, if after 120 days from the date of cremation, the <span class=\"dictionary\">contracting agent<\/span> has not claimed the cremains or instructed the <span class=\"dictionary\">funeral director<\/span> as to final <span class=\"dictionary\">disposition<\/span>. The <span class=\"dictionary\">funeral director<\/span> shall keep a permanent record of all cremains which identifies the method and site of final <span class=\"dictionary\">disposition<\/span>. The costs and all reasonable expenses incurred in disposing of the cremains shall be borne by the <span class=\"dictionary\">contracting agent<\/span>. Upon the <span class=\"dictionary\">disposition<\/span> of the cremains, the <span class=\"dictionary\">funeral director<\/span> shall not be liable for the cremains or for the method of final <span class=\"dictionary\">disposition<\/span>. Except as otherwise provided in \u00a7&nbsp;<a class=\"law\" title=\"Identification of unclaimed cremains of veterans and eligible dependents\" href=\"\/54.1-2808.2\/\">54.1-2808.2<\/a>, any <span class=\"dictionary\">funeral director<\/span> in <span class=\"dictionary\">possession<\/span> of unclaimed cremains prior to July 1, 1993, may dispose of such cremains in accordance with the provisions of this section. However, no <span class=\"dictionary\">funeral director<\/span> shall, without written permission of the <span class=\"dictionary\">contracting agent<\/span>, dispose of cremains in a manner or a location in which the cremains of the deceased are commingled, except in the scattering of cremains at sea, by air, or in an area used exclusively for such purpose, or place, temporarily, the cremains of persons in the same container or urn.\n\t\tFor the purposes of this section and \u00a7&nbsp;<a class=\"law\" title=\"Identification of unclaimed cremains of veterans and eligible dependents\" href=\"\/54.1-2808.2\/\">54.1-2808.2<\/a>, &#8220;<span class=\"dictionary\">contracting agent<\/span>&#8221; means any person, organization, association, institution, or group of persons who <span class=\"dictionary\">contracts<\/span> with a <span class=\"dictionary\">funeral director<\/span> or funeral establishment for funeral services.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDISPOSITION OF CREMAINS (\u00a7 54.1-2808.1)\n\nExcept as otherwise provided in \u00a7 54.1-2808.2, a funeral director may dispose\nof the cremains of an individual by interment, entombment, inurnment, or by\nscattering of the cremains, if after 120 days from the date of cremation, the\ncontracting agent has not claimed the cremains or instructed the funeral\ndirector as to final disposition. The funeral director shall keep a permanent\nrecord of all cremains which identifies the method and site of final\ndisposition. The costs and all reasonable expenses incurred in disposing of the\ncremains shall be borne by the contracting agent. Upon the disposition of the\ncremains, the funeral director shall not be liable for the cremains or for the\nmethod of final disposition. Except as otherwise provided in \u00a7 54.1-2808.2, any\nfuneral director in possession of unclaimed cremains prior to July 1, 1993, may\ndispose of such cremains in accordance with the provisions of this section.\nHowever, no funeral director shall, without written permission of the\ncontracting agent, dispose of cremains in a manner or a location in which the\ncremains of the deceased are commingled, except in the scattering of cremains at\nsea, by air, or in an area used exclusively for such purpose, or place,\ntemporarily, the cremains of persons in the same container or urn.\n\t\tFor the purposes of this section and \u00a7 54.1-2808.2, &#8220;contracting\nagent&#8221; means any person, organization, association, institution, or group\nof persons who contracts with a funeral director or funeral establishment for\nfuneral services.\n\nHISTORY: 1993, c. 531; 2012, cc. 24, 120; 2015, c. 138.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}