Relates to food service in funeral establishments

6 Co-sponsors

• David Carlucci
• Patrick M. Gallivan
• William J. Larkin Jr.
• Kathleen A. Marchione
• George D. Maziarz
• Diane J. Savino

BILL NUMBER:S7747B

Title of bill

An act to amend the public health law, in relation to food service in funeral establishments

Purpose or general idea of bill

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 establish- ment may provide space, facilities, equipment or supplies for the prepa- ration, sale, service, distribution, or consumption of food or beverages in the funeral establishments to or by persons in the funeral establish- ment 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 that is related to the business of funeral directing.

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 beverages and serving food or beverages under this section.

This would not include alcoholic beverages unless required by the decedent's or family's 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 exclu- sively 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 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 bever- ages in a funeral home, providing some needed additional comfort at a time of need.

The bill would rightfully prohibit alcoholic beverages in a funeral establishment, unless religious practices demand otherwise.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

180 days after it becomes a law.