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.

                                 BILL NUMBER:  S817B

 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 nonalcoholic beverages, limited to incidental
refreshments, in the funeral establishment to or by persons in the
funeral establishment for the purpose of a funeral or memorial
ceremony or service.

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 and catering employees are limited to
preparing non-alcoholic beverages and may serve incidental food or
nonalcoholic 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 nonalcoholic 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 and catering employees are specifically limited
to preparing beverages and may serve incidental refreshments or
nonalcoholic 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 incidental food and nonalcoholic
beverages would also be helpful for families in rural areas where
other food options are not easily accessible.

 LEGISLATIVE HISTORY :

2015: S817A Advanced to Third Reading
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.