§ 3444. Food service in funeral establishments. (a) A funeral establishment may provide space, facilities, equipment or supplies for the preparation, sale, service, distribution or consumption of food or nonalcoholic beverages, limited to incidental refreshments (such as baked goods, sandwiches, snacks and platters) or those required by the religious practices of the deceased person or the deceased person's family, in the funeral establishment to or by persons in the funeral establishment for the purpose of arranging for, attending or participating in the care and preparation of a body of a deceased person for disposition, mourning, a funeral or memorial ceremony or service, or an open house or similar community function that is related to the business of funeral directing.

Terms Used In N.Y. Public Health Law 3444

  • Funeral directing: means the care and disposal of the body of a deceased person and/or the preserving, disinfecting and preparing by embalming or otherwise, the body of a deceased person for funeral services, transportation, burial or cremation; and/or funeral directing or embalming as presently known whether under these titles or designations or otherwise. See N.Y. Public Health Law 3400
  • Funeral establishment: means a single physical location, address or premises devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes. See N.Y. Public Health Law 3400

(b) Activities under this section may include the services of a caterer not owned by or affiliated with the funeral establishment. Activities of funeral establishment employees or catering employees shall be limited to (i) preparing such beverages and (ii) serving such incidental refreshments or nonalcoholic beverages under this section.

No activities under this section shall include the consumption of any alcoholic beverage. Notwithstanding the provisions of this section, a funeral establishment shall not operate as a food service establishment or caterer.