ORS 97.010
Definitions


As used in ORS 97.010 (Definitions) to 97.040 (Private family burial grounds), 97.110 (Human remains not to be attached) to 97.450 (Discontinuance of cemetery and removal of remains and markers), 97.510 (Sale and conveyance of plots by cemetery authority) to 97.730 (Gifts and bequests in trust for cemeteries), 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien), 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949), 97.990 (Penalties) and 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943):

(1)

“Alkaline hydrolysis” or “hydrolysis” means the technical process for reducing human remains by placing the remains in a dissolution chamber that uses heat, pressure, water and base chemical agents, in a licensed hydrolysis facility, to reduce human remains to bone fragments and essential elements.

(2)

“Alternative disposition facility” means a structure containing equipment purposed for reduction.

(3)

“Burial” means the placement of human remains in a grave or lawn crypt.

(4)

“Burial park” means a tract of land for the burial of human remains, used, or intended to be used, and dedicated for cemetery purposes.

(5)

“Burial right” means the right to use a grave, mausoleum, columbarium, ossuary or scattering garden for the interment or other disposition of human remains.

(6)

“Cemetery” means a place:

(a)

Dedicated to and used, or intended to be used, for a permanent memorial or the permanent interment of human remains; and

(b)

That may contain a mausoleum, crypt or vault interment, a columbarium, an ossuary, a cenotaph, a scattering garden, any other structure or place used or intended to be used for the interment or disposition of human remains or any combination of these structures or places.

(7)

“Cemetery association” means a corporation or association authorized by its articles of incorporation to conduct the business of a cemetery, but does not include a corporation sole or a charitable, eleemosynary association or corporation.

(8)

“Cemetery authority” means a person who owns or controls cemetery lands or property, including but not limited to a cemetery corporation, association or corporation sole.

(9)

“Cemetery business” and “cemetery purpose” are used interchangeably and mean any business or purpose requisite or incident to, or necessary for establishing, maintaining, operating, improving or conducting a cemetery, interring human remains, and the care, preservation and embellishment of cemetery property.

(10)

“Cemetery merchandise” means personal property offered for sale or sold for use in connection with the final disposition, memorialization or interment of human remains. “Cemetery merchandise” includes, but is not limited to, an outer burial container and a memorial.

(11)

“Cemetery services” means services provided by a cemetery authority for interment or scattering, and installation of cemetery merchandise.

(12)

“Cenotaph” means a place, the primary purpose of which is to provide an area where a person may pay to establish a memorial to honor a person whose remains may be interred elsewhere or whose remains cannot be recovered.

(13)

“Columbarium” means a structure or room containing receptacles for permanent inurnment of cremated or reduced remains in a place used, or intended to be used, and dedicated for cemetery purposes.

(14)

“Cremated remains” means the remains of a cremated human body after completion of the cremation process.

(15)

“Cremation” means the technical process, using direct flame and heat, that reduces human remains to bone fragments.

(16)

“Crematory” means a structure containing a retort for the reduction of bodies of deceased persons to cremated remains.

(17)

“Crypt” or “vault” means a space in a mausoleum of sufficient size used, or intended to be used, to entomb uncremated or unreduced human remains.

(18)

“Directors” or “governing body” means the board of directors, board of trustees or other governing body of a cemetery association.

(19)

“Endowment care” means the general care and maintenance of developed portions of a cemetery and memorials erected thereon financed from the income of a trust fund.

(20)

“Entombment” means the placement of human remains in a crypt or vault.

(21)

“Funeral merchandise” means personal property offered for sale or sold for use in connection with funeral services. “Funeral merchandise” includes, but is not limited to, acknowledgment cards, alternative containers, caskets, clothing, cremation containers, cremation interment containers, flowers, memory folders, monuments, outer burial containers, prayer cards, register books and urns.

(22)

“Funeral services” means services customarily provided by a funeral service practitioner including, but not limited to, care and preparation of human remains for final disposition, professional services relating to a funeral or an alternative to a funeral, transportation of human remains, limousine services, use of facilities or equipment for viewing human remains, visitation, memorial services or services that are used in connection with a funeral or alternative to a funeral, coordinating or conducting funeral rites or ceremonies, and other services provided in connection with a funeral, alternative to a funeral or final disposition of human remains.

(23)

“Grave” means a space of ground in a burial park used, or intended to be used, for burial of the remains of one person.

(24)

“Human remains” or “remains” means the body of a deceased person in any stage of decomposition or after cremation or reduction.

(25)

“Interment” means the disposition of human remains by inurnment, entombment or burial.

(26)

“Inurnment” means the placement of cremated or reduced remains in a receptacle and the deposit of the receptacle in a niche.

(27)

“Lot,” “plot” or “burial space” means space in a cemetery owned by one or more individuals, an association or fraternal or other organization and used, or intended to be used, for the permanent interment therein of the remains of one or more deceased persons. Such terms include and apply with like effect to one, or more than one, adjoining grave, crypt, vault or niche.

(28)

“Mausoleum” means a structure substantially exposed above ground for the entombment of human remains in crypts or vaults in a place used, or intended to be used, and dedicated for cemetery purposes.

(29)

“Memorial” means a product, other than a mausoleum or columbarium, used for identifying an interment space or for commemoration of the life, deeds or career of a decedent including, but not limited to, an ossuary, monument, marker, niche plate, urn garden plaque, crypt plate, cenotaph, marker bench or vase.

(30)

“Natural organic reduction” means the contained, accelerated conversion of human remains to soil.

(31)

“Niche” means a recess usually in a columbarium used, or intended to be used, for the inurnment of the cremated or reduced remains of one or more persons.

(32)

“Ossuary” means a receptacle used for the communal placement of cremated or reduced remains without benefit of an urn or any other container in which cremated or reduced remains may be commingled with other cremated or reduced remains and are nonrecoverable.

(33)

“Plot owner” or “owner” means any person identified in the records of the cemetery authority as owner of the burial rights to a burial plot, or who holds a certificate of ownership conveyed from the cemetery authority of the burial rights in a particular lot, plot or space.

(34)

“Reduced remains” means the remains of a human body after completion of reduction.

(35)

“Reduction” means alkaline hydrolysis, natural organic reduction and any other method of final disposition of human remains authorized by the State Mortuary and Cemetery Board.

(36)

“Scattering” means the lawful dispersion of cremated or reduced remains that need not be associated with an interment right or issuance of a deed, that may be recorded only as a service that has taken place and may not be recorded on the permanent records of the cemetery authority.

(37)

“Scattering garden” means a location set aside within a cemetery that is used for the spreading or broadcasting of cremated or reduced remains that have been removed from their container and can be mixed with or placed on top of the soil or ground cover or buried in an underground receptacle on a commingled basis and that are nonrecoverable.

(38)

“Special care” means any care in excess of endowed care in accordance with the specific directions of a donor of funds. [Amended by 1955 c.545 §1; 1965 c.396 §1; 2007 c.661 §1; 2009 c.709 §10; 2021 c.296 §1]
Note: The amendments to 97.010 (Definitions) by section 1, chapter 296, Oregon Laws 2021, become operative July 1, 2022. See section 33, chapter 296, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
97.010 (Definitions). As used in ORS 97.010 (Definitions) to 97.040 (Private family burial grounds), 97.110 (Human remains not to be attached) to 97.450 (Discontinuance of cemetery and removal of remains and markers), 97.510 (Sale and conveyance of plots by cemetery authority) to 97.730 (Gifts and bequests in trust for cemeteries), 97.810 (Endowment care and nonendowed care cemeteries) to 97.920 (Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien), 97.923 (Definitions for ORS 97.923 to 97.949) to 97.949 (Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949), 97.990 (Penalties) and 97.994 (Penalties for ORS 97.931, 97.933, 97.941 and 97.943):

(1)

“Burial” means the placement of human remains in a grave or lawn crypt.

(2)

“Burial park” means a tract of land for the burial of human remains, used, or intended to be used, and dedicated for cemetery purposes.

(3)

“Burial right” means the right to use a grave, mausoleum, columbarium, ossuary or scattering garden for the interment or other disposition of human remains.

(4)

“Cemetery” means a place:

(a)

Dedicated to and used, or intended to be used, for a permanent memorial or the permanent interment of human remains; and

(b)

That may contain a mausoleum, crypt or vault interment, a columbarium, an ossuary, a cenotaph, a scattering garden, any other structure or place used or intended to be used for the interment or disposition of human remains or any combination of these structures or places.

(5)

“Cemetery association” means a corporation or association authorized by its articles of incorporation to conduct the business of a cemetery, but does not include a corporation sole or a charitable, eleemosynary association or corporation.

(6)

“Cemetery authority” means a person who owns or controls cemetery lands or property, including but not limited to a cemetery corporation, association or corporation sole.

(7)

“Cemetery business” and “cemetery purpose” are used interchangeably and mean any business or purpose requisite or incident to, or necessary for establishing, maintaining, operating, improving or conducting a cemetery, interring human remains, and the care, preservation and embellishment of cemetery property.

(8)

“Cemetery merchandise” means personal property offered for sale or sold for use in connection with the final disposition, memorialization or interment of human remains. “Cemetery merchandise” includes, but is not limited to, an outer burial container and a memorial.

(9)

“Cemetery services” means services provided by a cemetery authority for interment or scattering, and installation of cemetery merchandise.

(10)

“Cenotaph” means a place, the primary purpose of which is to provide an area where a person may pay to establish a memorial to honor a person whose remains may be interred elsewhere or whose remains cannot be recovered.

(11)

“Columbarium” means a structure or room containing receptacles for permanent inurnment of cremated remains in a place used, or intended to be used, and dedicated for cemetery purposes.

(12)

“Cremated remains” means the remains of a cremated human body after completion of the cremation process.

(13)

“Cremation” means the technical process, using direct flame and heat, that reduces human remains to bone fragments.

(14)

“Crematory” means a structure containing a retort for the reduction of bodies of deceased persons to cremated remains.

(15)

“Crypt” or “vault” means a space in a mausoleum of sufficient size used, or intended to be used, to entomb uncremated human remains.

(16)

“Directors” or “governing body” means the board of directors, board of trustees or other governing body of a cemetery association.

(17)

“Endowment care” means the general care and maintenance of developed portions of a cemetery and memorials erected thereon financed from the income of a trust fund.

(18)

“Entombment” means the placement of human remains in a crypt or vault.

(19)

“Funeral merchandise” means personal property offered for sale or sold for use in connection with funeral services. “Funeral merchandise” includes, but is not limited to, acknowledgment cards, alternative containers, caskets, clothing, cremation containers, cremation interment containers, flowers, memory folders, monuments, outer burial containers, prayer cards, register books and urns.

(20)

“Funeral services” means services customarily provided by a funeral service practitioner including, but not limited to, care and preparation of human remains for final disposition, professional services relating to a funeral or an alternative to a funeral, transportation of human remains, limousine services, use of facilities or equipment for viewing human remains, visitation, memorial services or services that are used in connection with a funeral or alternative to a funeral, coordinating or conducting funeral rites or ceremonies, and other services provided in connection with a funeral, alternative to a funeral or final disposition of human remains.

(21)

“Grave” means a space of ground in a burial park used, or intended to be used, for burial of the remains of one person.

(22)

“Human remains” or “remains” means the body of a deceased person in any stage of decomposition or after cremation.

(23)

“Interment” means the disposition of human remains by inurnment, entombment or burial.

(24)

“Inurnment” means the placement of cremated remains in a receptacle and the deposit of the receptacle in a niche.

(25)

“Lot,” “plot” or “burial space” means space in a cemetery owned by one or more individuals, an association or fraternal or other organization and used, or intended to be used, for the permanent interment therein of the remains of one or more deceased persons. Such terms include and apply with like effect to one, or more than one, adjoining grave, crypt, vault or niche.

(26)

“Mausoleum” means a structure substantially exposed above ground for the entombment of human remains in crypts or vaults in a place used, or intended to be used, and dedicated for cemetery purposes.

(27)

“Memorial” means a product, other than a mausoleum or columbarium, used for identifying an interment space or for commemoration of the life, deeds or career of a decedent including, but not limited to, an ossuary, monument, marker, niche plate, urn garden plaque, crypt plate, cenotaph, marker bench or vase.

(28)

“Niche” means a recess usually in a columbarium used, or intended to be used, for the inurnment of the cremated remains of one or more persons.

(29)

“Ossuary” means a receptacle used for the communal placement of cremated remains without benefit of an urn or any other container in which cremated remains may be commingled with other cremated remains and are nonrecoverable.

(30)

“Plot owner” or “owner” means any person identified in the records of the cemetery authority as owner of the burial rights to a burial plot, or who holds a certificate of ownership conveyed from the cemetery authority of the burial rights in a particular lot, plot or space.

(31)

“Scattering” means the lawful dispersion of cremated remains that need not be associated with an interment right or issuance of a deed, that may be recorded only as a service that has taken place and may not be recorded on the permanent records of the cemetery authority.

(32)

“Scattering garden” means a location set aside within a cemetery that is used for the spreading or broadcasting of cremated remains that have been removed from their container and can be mixed with or placed on top of the soil or ground cover or buried in an underground receptacle on a commingled basis and that are nonrecoverable.

(33)

“Special care” means any care in excess of endowed care in accordance with the specific directions of a donor of funds.
97.010
Definitions
97.020
Exemption of certain organizations and cemeteries from certain sections of chapter
97.030
Vested rights not acquired
97.040
Private family burial grounds
97.082
Consent for certain autopsies
97.110
Human remains not to be attached
97.120
Human remains to be deposited in accordance with ORS 97.010 to 97.040, 97.110 to 97.450, 97.510 to 97.730, 97.810 to 97.920 and 97.990
97.130
Right to control disposition of remains
97.145
Liability for failure to conform to written instrument directing control of remains
97.150
Disposition of cremated remains
97.153
Diagnostic or therapeutic radioisotopes in body
97.160
Duty of hospital or sanitarium to notify before sending remains to undertaker
97.170
Disposition of unclaimed body of deceased person
97.180
Period within which body may not be used or dismembered
97.190
Post-mortem examination of body
97.200
Disposition of remains after use
97.210
Exceptions to application of ORS 97.170 to 97.200
97.220
Disinterment
97.223
Interment or temporary storage of human remains in case of natural disaster or other emergency
97.310
Survey and subdivision of land
97.320
Filing map or plat and declaration of dedication of land to cemetery purposes
97.330
When dedication is complete
97.340
Effect of dedication
97.350
Dedication to cemetery purposes not invalid
97.360
Resurvey and alteration in shape or size
97.370
Fixing date of hearing
97.380
Hearing
97.390
Assessment of benefits and damages
97.400
Disposal of newly created lots
97.410
Right of adjacent lot owner upon vacation of way
97.420
Effect of failure to object
97.430
Declaration of exercise of police power and right of eminent domain
97.440
Removal of dedication
97.445
Vacating county interest in cemetery real property
97.450
Discontinuance of cemetery and removal of remains and markers
97.460
Requirements for establishment of cemetery or burial park
97.510
Sale and conveyance of plots by cemetery authority
97.520
Sale or offer to sell cemetery plot upon promise of resale at financial profit
97.530
Commission, bonus or rebate for sale of plot or services
97.540
Commission, bonus or rebate for recommendation of cemetery
97.550
Plots are indivisible
97.560
Presumption of sole ownership in grantee of plot
97.570
Spouse has vested right of interment
97.580
Divestiture of spouse’s right of interment
97.590
Transfer of plot or right of interment
97.600
Descent of plot
97.610
Determining occupant of burial plot having co-owners
97.620
Death of co-owner
97.630
Family plots
97.640
Waiver or termination of vested right of interment
97.650
Limitations upon vested right of interment
97.660
Lands of cemetery, crematory or reduction corporation
97.665
Revenues
97.670
Selling land unsuited for burials
97.675
Burial lots or space
97.680
Recording plan
97.710
Power of cemetery authority to make rules and regulations
97.720
Record of interments, cremations and reductions
97.725
Disposal of unclaimed burial spaces
97.730
Gifts and bequests in trust for cemeteries
97.740
Definitions for ORS 97.740 to 97.760
97.745
Prohibited acts
97.750
Permitted acts
97.760
Civil action by Indian tribe or member
97.772
Definition of “historic cemetery.”
97.774
Oregon Commission on Historic Cemeteries
97.776
Commission members
97.778
Chairperson
97.780
Duties
97.782
Listing of historic cemeteries
97.784
Executive secretary
97.810
Endowment care and nonendowed care cemeteries
97.813
Standards of care for and public access to endowment care cemeteries
97.820
Placing cemetery under endowed care
97.823
Prohibitions related to endowment care cemeteries
97.825
Suits to enforce endowed care statutes
97.830
Investment and reinvestment of principal of endowed care funds
97.835
Limitation of duties and liability of trustee
97.840
Cemetery authority authorized to receive and hold gifts of property
97.843
Endowment and special care funds are charitable
97.846
Agreements for care
97.849
Authority of Department of Consumer and Business Services to take action regarding endowment care cemetery
97.852
Receivership of endowment care cemetery
97.865
Application of ORS 97.810 to 97.865 to religious, county and city cemeteries
97.870
Unused and uncared for portions of cemetery declared common nuisances
97.880
Resolution declaring a nuisance
97.890
Complaint
97.900
Summons
97.910
Disuse as prima facie evidence of abandonment
97.920
Judgment declaring nuisance, authorizing abatement and creating and foreclosing lien
97.923
Definitions for ORS 97.923 to 97.949
97.925
Purpose
97.926
Rulemaking authority
97.927
Applicability of ORS 97.923 to 97.949
97.928
Prohibitions
97.929
Exceptions to ORS 97.923 to 97.949
97.931
Registration of salesperson for endowment care cemeteries, preconstruction sales and prearrangement sales
97.933
Certification of provider of prearrangement or preconstruction sales
97.935
Registration of master trustees
97.936
Emergency orders of suspension or restriction
97.937
Deposit of trust funds made by endowment care cemeteries
97.939
Prearrangement or preconstruction sales contracts
97.941
Prearrangement or preconstruction trust fund deposits
97.942
Appointment of receiver
97.943
Distributions from prearrangement trust fund deposits
97.944
Distributions from preconstruction trust fund deposits
97.945
Funeral and Cemetery Consumer Protection Trust Fund
97.946
Advertising and marketing prohibitions
97.947
Examination of providers and master trustees by director
97.948
Grounds for discipline by director for violation of ORS 97.923 to 97.949
97.949
Notification by director to appropriate federal, state or local law enforcement officer of violation of ORS 97.923 to 97.949
97.951
Short title
97.953
Definitions for ORS 97.951 to 97.982
97.955
Purpose of anatomical gift
97.957
Methods of making anatomical gift before death of donor
97.959
Revocation or amendment of anatomical gift by donor or agent or guardian of donor
97.961
Refusal to make anatomical gift
97.963
Effect of making, amending or revoking anatomical gift
97.965
Persons authorized to make anatomical gift of body or body part of decedent
97.967
Methods for making, amending or revoking anatomical gift of body or body part of decedent by authorized person
97.969
Authorized recipients of anatomical gifts
97.970
Search for document of anatomical gift or refusal
97.971
Delivery of document of gift or refusal not required
97.972
Rights and duties of procurement organizations and others
97.973
Coordination of procurement and use of anatomical gifts
97.974
Immunity of persons acting in accordance with ORS 97.951 to 97.982
97.976
Law governing validity of document of gift
97.977
Donor registry
97.978
Resolution of conflict between potential anatomical gift and advance directive
97.979
Cooperation between medical examiner and procurement organization
97.980
Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner
97.981
Purchase or sale of body parts prohibited
97.982
Alteration of document of anatomical gift prohibited
97.983
Relation to Electronic Signatures in Global and National Commerce Act
97.984
Liability of executor who carries out anatomical gift
97.985
Transplants not covered by implied warranty
97.987
Department of Transportation use of federal moneys for cemetery care
97.990
Penalties
97.992
Penalties for ORS 97.937
97.994
Penalties for ORS 97.931, 97.933, 97.941 and 97.943
Green check means up to date. Up to date