Unless otherwise specified in the authorization to cremate form, a crematory may not:

(1) Remove the decedent from the casket or alternative container in which the decedent was delivered to the crematory;

Terms Used In South Dakota Codified Laws 34-26A-12.1

  • Decedent: A deceased person.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Fail to cremate the casket or alternative container in which the decedent was delivered to the crematory;

(3) Simultaneously cremate more than one decedent in the same cremation chamber;

(4) Permit any person to be present in the holding facility while a decedent is there awaiting cremation, permit any person to be present during the cremation, or permit any person to be present while the remains are removed from the cremation chamber, except:

(a) A crematory employee;

(b) The signer of the authorization to cremate form; and

(c) An invitee of the crematory director; or

(5) Remove from the decedent any dental bridge work or fillings, implants, or body parts.

Source: SL 2023, ch 129, § 14.