Legal Issues Involving Cremated Ashes



Legal Info specific to California

Ashes Criminal offenses relate to scattering ashes are misdemeanors, with a maximum punishment of six months in county jail and a $1,000 fine (which would be approximately doubled by various fees). This is the maximum, usually imposed only if the defendant refuses probation. If the District Attorney has taken the trouble to file a case, the minimum punishment he would probably seek would be probation for several years.

One offense is:
1) Scattering human ashes without a permit. (This section reference: California Health and Safety Code Sections 7000 et seq. and 10305 et seq.)

California has the toughest laws on scattering requiring citizens to register the location of the scattering. California also licenses registered cremation "scattering agents" to operate scattering businesses.

Legal Ash Scattering Facts

Never has there been a case of scattering of cremated remains being found to be littering.

There is a don’t ask don’t tell policy on the scattering of cremated remains.

Consumer affairs handles scattering regulations at the state level.

Ashes pose no threat to health or to the environment. However, dumping anything into a body of water - may be forbidden by environmental regulations.

The disposal of human ashes in rivers or streams has not been proven to negatively impact the environment. Ash scattering ceremonies do not require EPA (Environmental Protection Agency) approval.

Ash Scattering Tips

Please note - before you scatter inspect the ashes. Sometimes the ashes contain a small metal tag contained inside to identify the ashes. It is not recommended that you scatter the ID tag.

Always scatter low to the ground to avoid the ashes from blowing back upon you.

Cremation Ash Facts

General Patton’s wife had her ashes scattered his grave at Normandy.

98% of the dead in Japan are cremated.

In the Hindu religion, the oldest son pushes the button for the cremation chamber.

Someone has added cremated remains to buck shot bullets.

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