California Business and Professions Code 7639.08 – (a) The bureau shall adopt, and may from time to time amend, …
(a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards for applicants for hydrolysis facility licenses. In reviewing an application for a hydrolysis facility license, the bureau may consider acts of the applicant, including acts of the incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a hydrolysis facility license pursuant to Division 1.5 (commencing with Section 475).
(b) Hydrolysis chamber manufacturers may apply to the State Department of Public Health for approval of a hydrolysis chamber upon finding that the hydrolysis chamber causes the destruction of pathogenic micro-organisms pursuant to paragraph (3) of subdivision (a) of § 118215 of the Health and Safety Code.
Terms Used In California Business and Professions Code 7639.08
- Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
- Department: means the Department of Consumer Affairs. See California Business and Professions Code 7601
- license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
- Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(c) In its approval, the State Department of Public Health shall specify the minimum parameters of pH, time, temperature, and pressure that shall be used by each hydrolysis chamber to destroy all pathogenic micro-organisms. The department may use the guidance of the hydrolysis chamber operations and maintenance manual and biologic indicator spore testing to determine this, among other factors.
(d) The hydrolysis chamber manufacturer shall pay to the State Department of Public Health, the application and evaluation fee as outlined in § 118245 of the Health and Safety Code.
(e) Every five years, licensed hydrolysis facilities that discharge hydrolysate to a sewer collection system shall submit to the Department of Public Health the results of biological indicator spore testing as well as the last 30 days of archived electronic hydrolysis chamber data that includes the pH, time, temperature, and pressure at which the chamber was operated. Based upon this information, the department shall evaluate whether the chamber continues to destroy pathogens. The licensee shall include this evaluation in its application to renew its license. If the chamber is determined not to destroy pathogens, the bureau shall not renew its license until this has been remedied. The department may charge a fee sufficient to cover the actual hourly costs of staff conducting its five year review of the alternative technology.
(f) Once a hydrolysis chamber has been approved pursuant to subdivision (b), it may be employed by a licensed hydrolysis facility for the final disposition of human remains.
(g) The bureau shall grant hydrolysis facility licenses only to applicants that will employ a hydrolysis chamber approved by the State Department of Public Health pursuant to subdivision (b).
(h) A hydrolysis facility shall ensure or conduct annual maintenance of the hydrolysis chamber.
(i) The bureau shall not renew a hydrolysis facility license without proof of annual maintenance of the hydrolysis chamber.
(Amended by Stats. 2018, Ch. 92, Sec. 10. (SB 1289) Effective January 1, 2019. Section operative July 1, 2020, pursuant to Section 7639.19.)