Relates to food service in funeral establishments

7 Co-sponsors

• David Carlucci
• Rich Funke
• Patrick M. Gallivan
• William J. Larkin Jr.
• Kathleen A. Marchione
• Diane J. Savino
• James L. Seward

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.