§ 5–101
Statutes in effect as of October 1, 2026.
Md. Code Ann., Bus. Reg. § 5-101 (2026)
Title 5. Cemeteries
Subtitle 1. Definitions; General Provisions
§ 5–101LinkCopy Citation
(a)
In this title the following words have the meanings indicated.
(b)
“Authorizing agent” has the meaning stated in § 5–508 of the Health – General Article.
(c)
(1)
“Burial goods” means goods that are used in connection with burial.
(2)
“Burial goods” includes:
(i)
a casket;
(ii)
a grave liner;
(iii)
a memorial;
(iv)
a monument;
(v)
a scroll;
(vi)
an urn;
(vii)
a vase; and
(viii)
a vault.
(d)
“Burial goods business” means a business that provides burial goods.
(e)
(1)
“Cemetery” means land used or to be used for interment.
(2)
“Cemetery” includes a structure used or to be used for interment.
(f)
“Cremation” means the disposition of a dead human body by means of incineration.
(g)
“Crematory” means a building, portion of a building, or structure that houses the necessary appliances and facilities for cremation or alkaline hydrolysis.
(h)
“Cultural affiliation” has the meaning stated in § 14–121 of the Real Property Article.
(i)
“Descendant community organization” means an organization that has members who have ancestors who are interred at a cemetery or who have a cultural affiliation with the deceased persons interred at a cemetery.
(j)
“Director” means the Director of the Office of Cemetery Oversight.
(k)
“Engage in the operation of a cemetery” means owning, controlling, or managing a cemetery, including performing activities necessary for:
(1)
the establishment, improvement, care, preservation, or embellishment of a cemetery;
(2)
interment; and
(3)
the providing of burial space or burial goods.
(l)
“Funeral establishment” means a building, structure, or premises from which the business of funeral directing or embalming is conducted.
(m)
(1)
“Human remains” means:
(i)
the body of a deceased person; or
(ii)
a part of a body or limb that has been removed from a living person.
(2)
“Human remains” includes the body or part of a body or limb in any state of decomposition.
(3)
“Human remains” does not include soil remains produced after the completion of natural organic reduction.
(n)
“Interment” means all final disposition of human remains or pet remains, including:
(1)
earth burial;
(2)
mausoleum entombment; and
(3)
niche or columbarium inurnment.
(o)
“Natural organic reduction” means the contained accelerated conversion of human remains into soil.
(p)
“Office” means the Office of Cemetery Oversight.
(q)
“Permit” means a permit issued by the Director to allow a partnership, limited liability company, or corporation to operate a business through which a registrant may:
(1)
engage in the operation of a cemetery; or
(2)
provide burial goods.
(r)
(1)
“Pet remains” means the body of a deceased animal that was kept as a pet.
(2)
“Pet remains” includes the body of a pet or a part of a pet’s body in any state of decomposition or the body of a pet after having been cremated.
(s)
(1)
“Preneed goods” means burial goods that are sold before the buyer’s death.
(2)
“Preneed goods” does not include burial space.
(t)
“Provide burial goods” means a retail transaction:
(1)
to erect, service, or inscribe burial memorials; or
(2)
to sell burial goods.
(u)
“Registered cemeterian” means an individual registered to operate a cemetery as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
(v)
“Registered seller” means an individual registered to provide burial goods as a sole proprietor or on behalf of a sole proprietor or of a permit holder.
(w)
“Registration” means a registration issued by the Director authorizing an individual to operate a cemetery or to provide burial goods.
(x)
“Responsible party” means a sole proprietor or the individual designated by a partnership, limited liability company, or corporation to be responsible for the operations of a cemetery or burial goods business.