When a death or a fetal death occurs or a dead body is found, the body may not be disposed of until the burial or transit permit is completed. The burial or transit permit must accompany the body and must be:

(1) Given to the sexton of the cemetery when the body is interred.

(2) Retained by the funeral director when the cemetery has no sexton.

(3) In cases of cremation or natural organic reduction:

a. Retained with the final remains.

b. Retained by the funeral director if so desired.

§ 3157. Cremation or natural organic reduction; prohibited except in licensed crematory or natural organic reduction facility.

A person may not destroy or dispose of by burning or natural organic reduction the body of an individual dead from any cause, except in a crematory or natural organic reduction facility licensed for this express purpose and under the conditions provided in § § 3158 through 3164 of this title.

27 Del. Laws, c. 84, §  10;  Code 1915, §  814;  28 Del. Laws, c. 60, §  1;  Code 1935, §  797;  44 Del. Laws, c. 69, §  1;  48 Del. Laws, c. 319, §  1;  16 Del. C. 1953, §  3151;  52 Del. Laws, c. 88, §  4;  68 Del. Laws, c. 274, §  1;  84 Del. Laws, c. 261, § 3; 

No common carrier shall receive for shipment from any point within this State to any other point either within or without this State any dead human body, unless the funeral director or person acting as such presents a completed burial/transit permit as provided in § 3151 of this title.

26 Del. Laws, c. 75;  Code 1915, §  770;  Code 1935, §  776;  16 Del. C. 1953, §  3153;  68 Del. Laws, c. 274, §  1; 

No body or stillborn fetus shall be disinterred within the State except upon a permit granted by the State Registrar of Vital Statistics. The forms of disinterment permits shall be prepared by the Office of Vital Statistics. Disinterment and removal must be conducted under the personal supervision of a licensed funeral director.

68 Del. Laws, c. 274, §  1; 

(a) Authorization. — A permit for disinterment and reinterment of a dead body or fetus shall be issued by the State Registrar upon receipt of a notarized application/authorization signed by the next-of-kin and the person who is in charge of the disinterment, or upon receipt of an order of a court of record of this state directing such disinterment, or upon notarized written application of the Attorney General to request a special disinterment permit for legal purposes.

(b) Mass disinterment and reinterment. — Upon receipt of a court order, a signed and notarized permission of the next-of-kin of all decedents, or a signed and notarized application for disinterment for legal purposes, the State Registrar may issue 1 permit for disinterment and reinterment of all remains in a mass disinterment provided that, insofar as possible, the remains of each body be identified and the place of disinterment and reinterment specified.

(c) Nature of permit. — The authorization issued in accordance with the statutes and regulations governing disinterment shall be permission for disinterment, transportation and reinterment.

(d) Fee for permit. — The Department shall receive a fee not to exceed $10 for each disinterment/reinterment permit issued.

68 Del. Laws, c. 274, §  1;  70 Del. Laws, c. 149, §  145; 

The State Registrar of Vital Statistics through the central office or any of the county vital statistics offices, upon application to and the payment of the usual fee to any or either of them, shall issue a permit to any relative of any deceased person buried prior to January 1, 1893, and now remaining in private, family or old and neglected burying grounds in Sussex County and Kent County for the disinterment of the remains and the reinterment of the remains in public or private cemeteries or any other chosen or designated place in Kent County or Sussex County or without the State, the same as if the application had been made by a duly licensed undertaker. Upon obtaining the permit, the relative is vested with the same authority as a duly licensed undertaker in the disinterment and reinterment of the remains including the securing of vaults and providing for all other necessary arrangements in connection therewith.

Code 1915, §  812a;  38 Del. Laws, c. 47, §  1;  Code 1935, §  889;  16 Del. C. 1953, §  3158;  68 Del. Laws, c. 274, §  1; 

The Department shall modify and relax its regulations and restrictions relative to the disinterring and reinterring of dead bodies, including the securing of separate disinterment and transfer permits of the bodies in those cases where the bodies are in public or private burying grounds which have been condemned by this State or the United States government for the purposes of public improvement, in order to enable the carrying into effect of complete removals in such cases to the full extent that the same can be accomplished, in the opinion of the Department, by licensed undertakers under its supervision and without jeopardizing the public health.

41 Del. Laws, c. 196;  16 Del. C. 1953, §  3159;  68 Del. Laws, c. 274, §  1;  70 Del. Laws, c. 149, §  146; 

A person may not destroy or dispose of by burning or natural organic reduction the body of an individual dead from any cause, except in a crematory or natural organic reduction facility licensed for this express purpose and under the conditions provided in § § 3158 through 3164 of this title.

25 Del. Laws, c. 66, §  9;  27 Del. Laws, c. 84, §  14;  27 Del. Laws, c. 85, §  15;  Code 1915, §  818;  Code 1935, §  801;  44 Del. Laws, c. 69, §  1;  16 Del. C. 1953, §  3160;  68 Del. Laws, c. 274, §  1;  84 Del. Laws, c. 261, § 3; 

(a) A person, firm, organization, or association desiring to acquire, erect, or construct a crematory or natural organic reduction facility shall first obtain approval from the Department of Natural Resources and Environmental Control.

(b) The crematory or natural organic reduction facility must be constructed in accordance with regulations adopted under Chapters 60 and 79 of Title 7 and may not be located, managed, or conducted at any time in such a way as to be a public nuisance.

(c) The crematory or natural organic reduction facility is subject at all times to inspection by the Department of Natural Resources and Environmental Control, the Department of Health and Social Services, and by officers of the state law-enforcement departments as may desire to inspect it.

25 Del. Laws, c. 66, §  9;  27 Del. Laws, c. 84, §  14;  27 Del. Laws, c. 85, §  15;  Code 1915, §  818;  Code 1935, §  801;  44 Del. Laws, c. 69, §  1;  16 Del. C. 1953, §  3161;  68 Del. Laws, c. 274, §  1;  70 Del. Laws, c. 149, §  147;  74 Del. Laws, c. 293, §  1;  84 Del. Laws, c. 261, § 3; 

(a) A body may be cremated or subjected to natural organic reduction only after the preparation of a special cremation or natural organic reduction permit signed by the chief medical examiner or an assistant or deputy medical examiner. In the presentation of the cremation or natural organic reduction permit to the chief medical examiner or the chief medical examiner’s representative for signature, the permit must be accompanied by a death certificate signed by the attending physician and by a cremation or natural organic reduction authorization signed by the next-of-kin or legal representative of the deceased. The signature of the chief medical examiner or the chief medical examiner’s representative to the cremation or natural organic reduction permit constitutes an affirmation that there is no medical reason why the cremation or natural organic reduction should not take place. The chief medical examiner or an assistant or deputy medical examiner has the authority to hold the remains of the deceased pending any investigation into the cause and manner of death.

(b) One copy of the cremation or natural organic reduction permit must be retained by the person, firm, corporation, or association conducting the cremation or natural organic reduction, and must be produced for inspection or other purposes when asked for by the inspecting authority. A second copy of the cremation or natural organic reduction permit must accompany the death certificate when it is filed in the Office of Vital Statistics.

25 Del. Laws, c. 66, §  9;  27 Del. Laws, c. 84, §  14;  27 Del. Laws, c. 85, §  15;  Code 1915, §  818;  Code 1935, §  801;  44 Del. Laws, c. 69, §  1;  16 Del. C. 1953, §  3162;  65 Del. Laws, c. 413, §  1;  68 Del. Laws, c. 164, §  1;  68 Del. Laws, c. 274, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 261, § 3; 

Within 24 hours after the cremation or natural organic reduction is completed a report indicating the name of the individual, the individual’s address while alive, the date and cause of death, the names of the individuals signing the permit, the date of the completion of the cremation or natural organic reduction, and the disposal of the final remains must be forwarded by the person in charge of the crematory or natural organic reduction facility to the central Office of Vital Statistics.

25 Del. Laws, c. 66, §  9;  27 Del. Laws, c. 84, §  14;  27 Del. Laws, c. 85, §  15;  Code 1915, §  818;  Code 1935, §  801;  44 Del. Laws, c. 69, §  1;  16 Del. C. 1953, §  3163;  68 Del. Laws, c. 274, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 261, § 3; 

The final remains resulting from the cremation or natural organic reduction of a body may be delivered by the attendants of the crematory or natural organic reduction facility to any member of the family of the deceased designated to receive them or to the person arranging for the cremation or natural organic reduction. After this delivery, the final remains may be transported in any way in the State and disposed of in such a way as is desired by the person receiving the final remains.

25 Del. Laws, c. 66, §  9;  27 Del. Laws, c. 84, §  14;  27 Del. Laws, c. 85, §  15;  Code 1915, §  818;  Code 1935, §  801;  44 Del. Laws, c. 69, §  1;  16 Del. C. 1953, §  3164;  68 Del. Laws, c. 274, §  1;  84 Del. Laws, c. 261, § 3; 

A representative of the family or some individual accredited to act as representative of the family of the individual being cremated or subjected to natural organic reduction may be present at the time the cremation or natural organic reduction is being carried out, subject to crematory or natural organic reduction facility operational constraints.

25 Del. Laws, c. 66, §  9;  27 Del. Laws, c. 84, §  14;  27 Del. Laws, c. 85, §  15;  Code 1915, §  818;  Code 1935, §  801;  44 Del. Laws, c. 69, §  1;  16 Del. C. 1953, §  3165;  68 Del. Laws, c. 274, §  1;  84 Del. Laws, c. 261, § 3; 

The provisions of § 3159 of this title, requiring the signature of the chief medical examiner or an assistant or deputy medical examiner, apply with respect to the cremation or natural organic reduction of the body of an individual dying in the State but removed to another state for the purpose of cremation or natural organic reduction.

25 Del. Laws, c. 66, §  9;  27 Del. Laws, c. 84, §  14;  27 Del. Laws, c. 85, §  15;  Code 1915, §  818;  Code 1935, §  801;  44 Del. Laws, c. 69, §  1;  16 Del. C. 1953, §  3166;  68 Del. Laws, c. 274, §  1;  84 Del. Laws, c. 261, § 3; 

The cremation or natural organic reduction in this State of the body of an individual who has died in another state is permissible if all the legal requirements of the state in which the death occurred have first been complied with.

25 Del. Laws, c. 66, §  9;  27 Del. Laws, c. 84, §  14;  27 Del. Laws, c. 85, §  15;  Code 1915, §  818;  Code 1935, §  801;  44 Del. Laws, c. 69, §  1;  16 Del. C. 1953, §  3167;  68 Del. Laws, c. 274, §  1;  84 Del. Laws, c. 261, § 3; 

A natural organic reduction facility shall be responsible for:

(1) Ensuring that the natural organic reduction vessel maintains a minimum temperature of 131 degrees Fahrenheit for a minimum of 72 hours during the process of natural organic reduction.

(2) Collecting material samples for analysis that are representative of each instance of natural organic reduction.

(3) Developing and using a natural organic reduction process in which the final remains resulting from the process do not exceed the following limits:

(4) Analyzing, using a third-party laboratory, the natural organic reduction facility’s material samples of final remains according to the following schedule:

a. After receiving an initial permit, the natural organic reduction facility must analyze each of the first 20 instances of final remains for the parameters identified in paragraph (3) of this section.

b. If any of the first 20 instances of final remains yield results exceeding the limits identified in paragraph (3) of this section, the natural organic reduction facility must conduct appropriate processes to correct the levels of the chemicals identified in paragraph (3) of this section and have the resultant remains tested to ensure they fall within the identified limits.

c. If any of the first 20 instances of final remains yield results exceeding the limits identified in paragraph (3) of this section, the natural organic reduction facility must analyze each additional instance of final remains for the parameters identified in paragraph (3) of this section until a total of 20 samples, not including those from remains that were reprocessed under paragraph (4)b. of this section, have yielded results within the limits of paragraph (3) of this section on initial testing.

d. After 20 material samples of final remains have met the limits outlined in paragraph (3) of this section, the natural organic reduction facility must analyze, at a minimum, 25% of the natural organic reduction facility’s monthly instances of final remains for the parameters identified in paragraph (3) of this section until 80 total material samples of final remains have met the requirements of paragraph (3) of this section, not including any samples that required reprocessing to meet those requirements.

e. After 80 material samples of final remains have met the limits of paragraph (3) of this section, the natural organic reduction facility must analyze, at a minimum, 1 instance of final remains each month.

(5) Complying with any testing requirements established by the Delaware Division of Public Health for content parameters additional to those specified in paragraph (3) of this section.

(6) Not releasing any final remains that exceed the limits identified in paragraph (3) of this section.

(7) Preparing, maintaining, and providing upon request by the Delaware Division of Public Health an annual report each calendar year. The annual report must detail the natural organic reduction facility’s activities during the previous calendar year and must include the following information:

a. Name and address of the natural organic reduction facility.

b. Calendar year covered by the report.

c. Annual quantity of final remains.

d. Results of any laboratory analyses of final remains.

84 Del. Laws, c. 261, § 3;