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COMPARISON OF FTC AND MINNESOTA 149A REQUIREMENTS RELATING TO
THE FUNERAL RULE
I.
GENERAL PRICE LIST
A.
B.
C.
D.
Right of Selection Disclosure
1.
FTC Funeral Rule - "The goods and services show n below are those w e can provide to our
customers. You may choose only the items you desire. However, any funeral arrangements
you select will include a charge for our basic services." If legal or other requirements mean
that you must buy any items you did not specifically ask for, w e will explain the reason in
w riting on the statement we provide describing the funeral goods and services you
selected."
2.
M innesota 149A - "The goods and services show n below are those w e can provide to our
customers. You may choose only the items you desire. However, any funeral arrangements
you select will include a charge for our basic services." If legal or other requirements mean
that you must buy any items you did not specifically ask for, w e w ill explain the reason in
w riting on the statement w e provide describing the funeral goods, funeral services and
overhead, burial site goods, and burial site services you selected."
Embalming Disclosure
1.
FTC Funeral Rule - "Except in certain cases, embalming is not required by law . Embalming
may be necessary, how ever, if you select certain funeral arrangements, such as a funeral
w ith view ing. If you do not w ant em balm ing, you usually have the right to choose an
arrangement that does not require you to pay for it.
2.
M innesota 149A - "Except in certain cases, embalming is not required by law . Embalming
may be necessary, how ever, if you select certain funeral arrangements, such as a funeral
w ith view ing. If you do not w ant embalming, you usually have the right to choose an
arrangement that does not require you to pay for it, such as direct cremation or immediate
burial or w hen refrigeration or use of dry ice is available."
Alternative Container Disclosure - This disclosure is required only if the funeral provider arranges direct
crem ations.
1.
FTC Funeral Rule - “If you w ant to arrange a direct cremation, you can use an alternative
container. Alternative containers encase the body and can be made of materials like
fiberboard or composition materials (w ith or w ithout an outside covering). The containers
w e provice are (specify containers)”
2.
M innesota 149A - "M innesota law does not require you to purchase a casket for cremation.
If you w ant to arrange a cremation, you can use a cremation container. A cremation
container is a combustible, closed container that encases the body and can be made of
materials like fiberboard or corrugated cardboard and into w hich a dead human body is
placed prior to insertion into a cremation chamber for cremation. The containers we provide
are (specify containers provided)."
Basic Services Fee Disclosure
1.
E.
FTC FUNERAL RULE and M INNESOTA 149A - "This fee for our basic services and overhead
w ill be added to the total cost of the funeral arrangements you select. (This fee is already
included in our charges for alkaline hydrolysis, direct cremations, immediate burials, and
forw arding or receiving remains.)"
Casket Price list and Disclosure
1.
FTC FUNERAL RULE - “A complete price list w ill be provided at the funeral home.”
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2.
F.
G.
H.
I.
Outer Burial Container Price List Disclosure
1.
FTC FUNERAL RULE - “A complete price list w ill be provided at the funeral home.”
2.
M INNESOTA 149A - "A complete price list w ill be provided at the funeral establishment or
outer burial container sale location."
Casket for Alkaline Hydrolysis Price List and Disclosure
1.
FTC FUNERAL RULE - Does not m ention nor require this price list.
2.
M INNESOTA 149A - "M innesota law does not require you to purchase a casket for alkaline
hydrolysis. If you w ant to arrange for alkaline hydrolysis, you can use an alkaline
hydrolysis container. An alkaline hydrolysis container is a hydrolyzable or biodegradable
closed container or pouch resistant to leakage of bodily fluids that encases the body and
into w hich a dead hum an body is placed prior to insertion into an alkaline hydrolysis
vessel. The containers w e provide are (specify containers provided)."
Rental Casket and Disclosure
1.
FTC Funeral Rule - Does not m ention rental caskets nor requires this price list or disclosure.
2.
M innesota 149A - "If you choose a funeral service w here a rental casket is provided, the
casket used for the funeral service may have been used in a previous funeral service. If the
casket has been used in a previous funeral service, the interior lining has either been
replaced or thoroughly cleaned."
Retention of documents
1.
II.
M INNESOTA 149A - "A complete price list w ill be provided at the funeral establishment or
casket sale location."
M innesota 149A and FTC Funeral Rule - All General Price Lists m ust be kept for one year after
replacem ent by a new General Price List.
STATEMENT OF FUNERAL GOODS AND SERVICES SELECTED
A.
B.
Legal Requirements Disclosure
1.
FTC FUNERAL RULE - "Charges are only for those items that you selected or that are
required. If w e are required by law or by a cemetery or crematory to use any items, w e w ill
explain the reasons in w riting below ."
2.
M INNESOTA 149A -"Charges are only for those items that you selected or that are required.
If w e are required by law or by a cemetery, alkaline hydrolysis facility, or crematory to use
any items, we w ill explain the reasons in w riting below ."
Embalming Disclosure
1.
FTC FUNERAL RULE - "If you selected a funeral that may require embalming, such as a
funeral w ith view ing, you m ay have to pay for embalming. You do not have to pay for
embalming you did not approve if you selected arrangements such as direct cremation or
immediate burial. If w e charged for embalming, w e w ill explain w hy below ."
2.
M INNESOTA 149A - "If you selected a funeral that may require embalming, such as a
funeral w ith viewing, you may have to pay for embalming. You do not have to pay for
embalming you did not approve if you selected arrangements such as direct alkaline
hydrolysis, direct crem ation or immediate burial. If w e charged for embalming, w e w ill
explain w hy below ."
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C.
Cash Advance Disclosure
1.
D.
Signatures
1.
FTC Funeral Rule - SFGSS m ust be given to fam ily at the conclusion of arrangem ents and does
not have to be signed.
2.
M innesota 149A - SFGSS m ust be given to fam ily at the conclusion of arrangem ents and has to
be signed.
Retention of documents
E.
III.
FTC FUNERAL RULE and M INNESOTA 149A - "We charge you for our services in obtaining
(specify cash advance items provided).",
1.
FTC Funeral Rule - Copy of SFGSS m ust be kept for one year after arrangem ent.
2.
M innesota 149A - Copy of SFGSS m ust be kept for 3 + 7 = 10 years after arrangem ent.
PRICE LISTS (General)
A.
M INNESOTA 149A - In addition to a General Price List, funeral providers m ust provide separate printed
or typewritten price lists using a ten-point font or larger. Each funeral provider m ust have a separate price
list for each of the following types of goods that are sold or offered for sale. Minnesota requires the
following separate price lists if they offer the m erchandise and they are not listed on the GPL. In
Minnesota, the GPL must be given for retention, and the following price lists must be given for
retention should the price list be involved in their purchase and the family requests a copy of the
price list..
1.
2.
3.
4.
5.
6.
7.
8.
9.
Caskets - Must be a separate price list than the alternative container price list
Alternative containers - Must be a separate price list than the casket price list
Outer burial containers;
Alkaline hydrolysis containers;
Crem ation containers;
Hydrolyzed rem ains containers (Urns)
Crem ated rem ains containers (Urns)
Markers
Headstones.
These price lists are not required if the merchandise in the price lists are listed on the GPL.
B.
FTC Funeral Rule - In addition to a General Price List, funeral p roviders m ust m ake available for viewing
to people who inquire in person about the offerings or prices of funeral goods or burial site goods, separate
printed or typewritten price lists. Font size is not stated in the Funeral Rule. Only the General Price
List must be given for retention.
1.
2.
Caskets and alternative containers - Must be on the sam e price list.
Outer burial containers
These price lists are not required if the m erchandise in the price lists are listed on the GPL and do not have
to be given for retention .
C.
Retention of documents
1.
IV.
M innesota 149A and FTC Funeral Rule - All price lists m ust be kept for one year after
replacem ent by a new price list.
PRICE LISTS (Specific)
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A.
B.
C.
CASKET PRICE LIST
1.
FTC Funeral Rule - “A complete price list w ill be provided at the funeral home.”
(FTC requires caskets and alternative containers to be listed on the sam e price list.)
2.
M innesota 149A - "A complete price list w ill be provided at the funeral establishment or
casket sale location." (Minnesota requires a separate alternative container price list.)
ALTERNATIVE CONTAINER PRICE LIST
1.
FTC Funeral Rule - Does not require this price list. FTC requires alternative containers to
be listed on the casket price list.
2.
M innesota 149A - "A complete price list w ill be provided at the funeral establishment or
alternative container sale location." Minnesota requires a separate alternative container price
list.
OUTER BURIAL CONTAINER PRICE LIST
1.
FTC Funeral Rule and M innesota 149A - Both M innesota and FTC require this price list.
Both require the follow ing disclaimer to appear on the price list wether or not it is a
separate price list or if the outer burial containers are listed on the GPL.
"In most areas of the country, state or local law does not require that you buy a container
to surround the casket in the grave. How ever, many cemeteries require that you have such
a container so that the grave w ill not sink in. Either a grave liner or a burial vault w ill satisfy
these requirements."
D.
E.
F.
G.
ALKALINE HYDROLYSIS CONTAINER PRICE LIST
1.
FTC Funeral Rule - Does not require this price list.
2.
M innesota 149A - "A complete price list w ill be provided at the funeral establishment or
alkaline hydrolysis container sale location.",
HYDROLYZED REM AINS CONTAINER PRICE LIST
1.
FTC Funeral Rule - Does not require this price list.
2.
M innesota 149A -"A complete price list will be provided at the funeral establishment or
hydrolyzed remains container sale location."
CREM ATION CONTAINER PRICE LIST
1.
FTC Funeral Rule - Does not require this price list.
2.
M innesota 149A - "A complete price list will be provided at the funeral establishment or
cremation container sale location." ,
CREM ATED REM AINS CONTAINER PRICE LIST
1.
FTC Funeral Rule - Does not require this price list.
2.
M INNESOTA 149A - "A complete price list will be provided at the funeral establishment or
cremated remains container sale location."
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H.
I.
V.
M ARKER PRICE LIST
1.
FTC Funeral Rule - Does not require this price list.
2.
M innesota 149A - "A complete price list w ill be provided at the funeral establishment or
marker or headstone sale location."
3.
M arker Display - Any displayed m arker or headstone m ust state the type of stone or m etal, the
dim ensions of the m arker, and the cost of any engraving that appears on the displayed m arker.
HEADSTONE PRICE LIST
1.
FTC Funeral Rule - Does not require this price list.
2.
M innesota 149A - "A complete price list w ill be provided at the funeral establishment or
marker or headstone sale location."
3.
Headstone Display - Any displayed headstone m ust state the type of stone or m etal, the
dim ensions of the headstone, and the cost of any engraving that appears on the displayed
headstone.
OTHER
A.
B.
STATEM ENT OF OW NERSHIP
1.
M innesota 149A - Requires the Price lists to state the ownership of the funeral establishm ent.
2.
FTC Funeral Rule - Does not require this statem ent.
M ERCHANDISE SALES BY ENTITIES OTHER THAN FUNERAL HOM ES
1.
FTC Funeral Rule - FTC states that a price list m ust be m ade available when an entity (funeral
hom e, casket store or cem etery) provides BOTH services and m erchandise. In this case, a casket
store or cem etery would not have to provide a price list if they don’t offer services.
2.
M innesota 149A - Minnesota 149A states: "A com plete price list will be provided at the funeral
establishm ent or casket sale location." It says nothing about also providing services. A casket
store in Minnesota would be required to present a “Casket Price List.” The sam e holds true vault
sales or for a cem etery or stone com pany selling m onum ents and m arkers.