BILL NUMBER:S817        REVISED MEMO 01/21/2015

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:

2014: S. 7747B Passed Senate; A. 9950 Referred to Health

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:  none.

EFFECTIVE DATE:

180 days after it becomes a law.

                                BILL NUMBER:S817A

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:

Section 1 adds a new Public Health Law section § 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 are limited to preparing nonalcoholic
beverages and may serve food or non-alcoholic beverages under this
section.

Food and beverage service would not be allowed in the embalming or
              

preparation rooms. The Commissioner of Health is directed to make
regulations necessary to implement this act.

JUSTIFICATION:  Currently 48 states do not prohibit food and beverage
in funeral homes. For several decades, NYS regulations have banned the
serving of any type of food or beverage in a funeral home, including
water.

This legislation would allow the option of funeral homes serving food
and non-alcoholic beverages in connection with a funeral. It further
specifies the conditions for food and beverage service. It would allow
the serving of incidental food (baked goods, sandwiches, snacks and
platters) and non-alcoholic beverages. It allows the services of a
caterer not owned by or affiliated with the funeral establishment.
Funeral Home employees are specifically limited to preparing beverages
and may serve food or beverages. This legislation would allow funeral
homes to work in tandem with local restaurants/caterers in instances
when food and/or beverages are requested by the deceased's family. The
Commissioner of Health is authorized and directed to establish
regulations to implement these provisions. Food or beverage service
would be prohibited in a funeral home's embalming and preparation
rooms.

Today visiting or calling hours can run for several hours. Funeral
homes would have the option of being able to provide refreshments on
site such as baked goods, water and coffee which would provide
nourishment to sustain the family of the deceased at their time of
need. This would be especially helpful for elderly family members
during these long hours.


The option of funeral homes providing food and non-alcoholic beverages
would also be helpful for families in rural areas where other food
options are not easily accessible.

Today's funeral homes serve a variety of cultures with differing
funeral or memorial service expectations and preferences. As well as
strictly solemn events, the deceased may be remembered through more of
a life celebration. This bill would allow families the option of
choosing to have light food and beverages served to mourners.

LEGISLATIVE HISTORY:  2014: S. 7747B Passed Senate; A. 9950 Referred
to Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  180 days after it becomes a law.