In this subtitle the following words have the meanings indicated. “Pet” means a domesticated or tamed animal kept as a companion or for pleasure. “Pet cremains” means the body fragments of a pet after having been cremated. “Pet remains” has the meaning stated in § 5–101 of the Business Regulation Article.

This subtitle applies only to a licensee that engages in the operation of a crematory that sells or offers to sell to the public cremation services for pet remains.

Each licensee shall distribute a written description of available pet cremation services to the following persons: Each owner of a deceased pet or the agent of an owner of a deceased pet who arranges for pet cremation services; Each veterinarian, pet shop, funeral director, or other person who refers pet owners or delivers deceased pets to the licensee more than 5 times in a calendar year; The Department of Agriculture; and On request, any other person. The description of pet cremation services required under subsection (a) of this section shall include a detailed and clear explanation of each pet cremation service offered by the licensee, including the following descriptions of cremation services, if offered: Private cremation means the cremation of a single pet in a clean, empty chamber, after which the pet cremains are returned exclusively to the owner of the pet; Individual–partitioned cremation means the cremation of multiple pets in the same chamber using physical barriers or designated spaces to maintain separation, after which the pet cremains are returned to each owner; and Communal cremation means the cremation of multiple pets simultaneously in a single chamber without separation and without the return of pet cremains to an owner. In the description of pet cremation services required under subsection (a) of this section, a licensee may not: Fail to include a complete and accurate explanation of each pet cremation service; Omit a required disclosure under this section; or Include text, illustrations, a layout, or formatting that causes confusion about the nature of the pet cremation service or obstructs accurate disclosure. Each licensee shall make written copies of the description of pet cremation services under subsection (a) of this section: Available in quantities sufficient to allow for the distribution to pet owners who may be referred to or served by the licensee; and Available at no cost. A veterinarian, pet shop, registrant, permit holder, licensee, or any other person who refers pet owners or accepts deceased pets for cremation more than 5 times in a calendar year shall provide a copy of the description of pet cremation services described under subsection (a) of this section to the pet owner at the time of referral or acceptance of the deceased pet.

If pet cremation services provided by a licensee include the return of pet cremains, the licensee shall provide a written certificate with the returned pet cremains that includes: The date the cremation was completed; A statement that, to the best of the licensee’s knowledge and belief, the cremation and related services were performed in accordance with the licensee’s written description of services unless otherwise indicated on the certificate; A statement that the cremation was conducted in accordance with prevailing industry standards and best practices and in compliance with applicable federal and State laws; and The following statement: “The posted disclosure of pet cremation rights and responsibilities is a summary of Maryland law. The full provisions of the law are set forth in the Pet Cremation Consumer Protection Act in Title 7, Subtitle 4B of the Health Occupations Article of the Maryland Annotated Code.”. A veterinarian, pet shop, or other person responsible for returning pet cremains to a pet owner shall provide to the pet owner: A copy of the certificate provided by the licensee under subsection (a) of this section; and An additional certificate that states, to the best of the person’s knowledge and belief, and except as otherwise indicated on the certificate, the returned pet cremains: Are those of the pet owner’s deceased pet; and Have been returned in accordance with the licensee’s representations to the pet owner. A veterinarian, pet shop, or any other person responsible for returning pet cremains to a pet owner: May rely in good faith on the certificate provided and representations made by a licensee providing pet cremation services in accordance with the requirements of this section; and Is not required to observe the cremation process.

Each licensee providing pet cremation services shall post a copy of this subtitle and a written description of the pet cremation services being offered in a conspicuous place in the place of business. Each licensee that provides pet cremation services shall ensure that a holding facility used to retain pet remains before cremation: Protects the health of all individuals responsible for handling pet remains; Preserves the dignity of the pet remains; and Complies with applicable federal and State laws. Each licensee that provides pet cremation services shall maintain complete and accurate records for each pet cremation completed. Each licensee shall retain the following records for a period of at least 5 years: Each authorization for pet cremation signed by the pet owner or pet owner’s agent; Each identification record, including tags, labels, or tracking documentation used to identify pet cremains; and A logbook for each pet cremation completed that specifies: The date of cremation; The method of cremation; and The name of the individual who performed the cremation. Each licensee shall establish and maintain reasonable procedures to ensure the confidentiality and security of all records, including personally identifying information related to a pet owner or cremated pet.

A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to: For a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both; For a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and For a third or subsequent violation, a fine not exceeding $15,000 or imprisonment not exceeding 3 years or both. If the Board finds that a person has violated this subtitle or a regulation adopted under this subtitle, the Board may refer the matter to: The Attorney General for civil enforcement; or The appropriate State’s Attorney for criminal prosecution. The Attorney General may sue for and a court may grant: Injunctive or other equitable relief; Imposition of a civil penalty not exceeding $5,000; or Both.

This subtitle may be cited as the Maryland Pet Cremation Consumer Protection Act.