BILL NUMBER:S7747

TITLE OF BILL:  An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE:  To give families of deceased individuals the option of
consuming food and beverages in a funeral home.

SUMMARY OF PROVISIONS:  Adds new Public Health Law § 3444 to provide
that a funeral establishment may provide space, facilities, equipment
or supplies for the preparation, sale, service, distribution, or
consumption of food or beverages in the funeral establishments to or
by persons in the funeral establishment for the purpose of arranging
for, attending, or participating in the care and preparation of a body
of a deceased person for disposition, mourning, a funeral or memorial
ceremony or service, or an open house or similar community function.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment may prepare beverages and may serve food
or beverages under this section.  This would not be allowed in the
embalming or preparation rooms, nor include alcoholic beverages unless
required by the decedent's or families religion.

JUSTIFICATION:  For several decades, NYS regulation has had a
wide-ranging prohibition on allowing any type of food or beverage in a
              

funeral home, including water. This outright blanket ban was put into
place at a time when the serving and consumption of food and beverages
was limited almost exclusively to restaurants, dining halls and, of
course, homes.  Indeed, the regulation was supported at that time by
the funeral service sector. This bill would over-ride that that
regulation.

However, whether in rural, suburban or metropolitan areas of New York
State, our citizens' expectations and preferences have changed greatly
since the 1950's, bringing about a current time and place where the
very presence and consumption of food and beverages is part and parcel
of virtually every type of gathering or event. This most certainly
includes funeral and memorial services, which themselves have
transformed from strictly solemn events to occasions where the
deceased is remembered through more of a life celebration.

With this in mind, it is a most appropriate time in our societal
anthology to permit funeral directors to provide additional comfort to
the family, friends and loved ones of a deceased person by allowing
them to make available food and/or beverages to these grieving
individuals right in the funeral home.

This bill would provide a modicum of regulatory relief to our funeral
firms and, in so doing, would allow families to consume food and
beverages in a funeral home, providing some needed additional comfort
at a time of need.

The bill would rightfully prohibit any food or beverage in a funeral
home's embalming and preparation room. Alcoholic beverages would also
be prohibited in a funeral establishment, unless religious practices
demand otherwise.


LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  180 days after it becomes a law.

                                BILL NUMBER:S7747A

TITLE OF BILL:  An act to amend the public health law, in relation to
food service in funeral establishments

PURPOSE:  To give families of deceased individuals the option of
consuming food and beverages in a funeral home.

SUMMARY OF PROVISIONS:  Adds new Public Health Law § 3444 to provide
that a funeral establishment may provide space, facilities, equipment
or supplies for the sale, service, distribution, or consumption of
food or beverages in the funeral establishments to or by persons in
the funeral establishment for the purpose of arranging for, attending,
or participating in the care and preparation of a body of a deceased
person for disposition, mourning, a funeral or memorial ceremony or
service, or an open house or similar community function.

Activities under this section may include the services of a caterer
not owned by or affiliated with the funeral establishment. Employees
of the funeral establishment may prepare beverages and may serve food
or beverages under this section.

This would not include alcoholic beverages unless required by the
decedent's or families religion.

JUSTIFICATION:  For several decades, NYS regulation has had a
              

wide-ranging prohibition on allowing any type of food or beverage in a
funeral home, including water. This outright blanket ban was put into
place at a time when the serving and consumption of food and beverages
was limited almost exclusively to restaurants, dining halls and, of
course, homes.  Indeed, the regulation was supported at that time by
the funeral service sector. This bill would over-ride that that
regulation.

However, whether in rural, suburban or metropolitan areas of New York
State, our citizens' expectations and preferences have changed greatly
since the 1950's, bringing about a current time and place where the
very presence and consumption of food and beverages is part and parcel
of virtually every type of gathering or event. This most certainly
includes funeral and memorial services, which themselves have
transformed from strictly solemn events to occasions where the
deceased is remembered through more of a life celebration.

With this in mind, it is a most appropriate time in our societal
anthology to permit funeral directors to provide additional comfort to
the family, friends and loved ones of a deceased person by allowing
them to make available food and/or beverages to these grieving
individuals right in the funeral home.

This bill would provide a modicum of regulatory relief to our funeral
firms and, in so doing, would allow families to consume food and
beverages in a funeral home, providing some needed additional comfort
at a time of need.

The bill would rightfully prohibit any food or beverage in a funeral
home's embalming and preparation room. Alcoholic beverages would also


be prohibited in a funeral establishment, unless religious practices
demand otherwise.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  180 days after it becomes a law.