N.J. Stat. tit. 26, ch. 7

in effect

N.J. Stat. § 26:7-16 Burial permit

Any person who cremates any dead human body without first having received a permit for burial or other final disposition issued according to the laws or regulations of this or any other State shall be guilty of a misdemeanor. L.1950, c. 256, p. 895, s. 6.

N.J. Stat. § 26:7-18.1 Time lapse after death

No person shall cremate a dead human body unless at least 24 hours have elapsed from the time of death as recorded on the death certificate to the time of cremation. L.1983, c. 385, s. 1.

N.J. Stat. § 26:7-18.2 Disposition of unclaimed cremains.

2. a. Except as provided by subsection b. of this section, a person may dispose of the cremains of a dead human body which have not been claimed by a relative or friend of the deceased within one year from the date of cremation upon certification, to the commissioner's satisfaction, that a diligent effort has been made to identify, locate, and notify a relative or friend of the deceased within that one-year period. A diligent effort shall include a certified letter, return receipt requested, mailed to the person who authorized the cremation. As used in this section, "cremains" means that substance which remains after the cremation of a dead human body. b. (1) A funeral director, licensed pursuant to P.L.1952, c.340 (C.45:7-32 et seq.), shall grant a qualified veterans' organization the right to receive the cremains of a veteran, or the cremains of an eligible spouse or eligible dependent of a veteran, which have not been claimed by a relative or friend of the deceased within one year after cremation upon certification, to the commissioner's satisfaction, that a diligent effort, as defined in subsection a. of this section, has been made to identify, locate, and notify a relative or friend of the deceased within that one-year period. A qualified veterans' organization which takes possession of cremains pursuant to this section shall dispose of the cremains by scattering them at sea or by interring them on land in a dignified manner at the State-operated Brigadier General William C. Doyle Veterans' Memorial Cemetery, a State-operated veterans' memorial cemetery, a national veterans' memorial cemetery, or a local veterans' memorial cemetery if the individual is eligible for interment at those facilities. As used in this section, "qualified veterans' organization" means a veterans' organization that qualifies as a section 501(c)(3) or 501(c)(19) tax exempt organization under the Internal Revenue Code or a federally chartered Veterans' Service Organization. (2) Each funeral director shall promptly respond to a request from the Commissioner of the Department of Veterans Affairs for information as to whether the cremains of a veteran, or the cremains of an eligible spouse or eligible dependent of a veteran, have been claimed. c. A funeral home or mortuary, or an agent of the funeral home or mortuary, or a funeral director, or qualified veterans' organization, shall not be liable for damages in any civil action arising out of the disposal of cremains pursuant to this section unless the damages are the result of gross negligence or willful misconduct. L.1983, c.385, s.2; amended 2009, c.14, s.1; 2021, c.37, s.1; 2025, c.340, s.1.

N.J. Stat. § 26:7-18.3 Rules and regulations

The Commissioner of the Department of Health may promulgate the rules and regulations necessary to effectuate the purposes of this act, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.). L.1983, c. 385, s. 3.

N.J. Stat. § 26:7-19 Penalties for violations

Any person who violates any of the provisions of this act except section six, or who violates any rule or regulation of the State Department made pursuant to this act, or who shall refuse to comply with any lawful order or direction of the department, shall be liable to the following penalties: a. For each first offense a penalty of fifty dollars ($50.00); b. For each second offense a penalty of one hundred dollars ($100.00); c. For each third and every subsequent offense a penalty of two hundred dollars ($200.00). L.1950, c. 256, p. 896, s. 9.

N.J. Stat. § 26:7-20 Payment of penalty deemed equivalent to conviction

Payment of a penalty for any alleged violation of this act or any rule or regulation of the State Department made pursuant thereto, either before or after the institution of proceedings for the collection thereof, shall be deemed equivalent to a conviction of the violation for which such penalty was claimed. L.1950, c. 256, p. 897, s. 10.

N.J. Stat. § 26:7-21 Enforcement

11. The provisions of this act shall be enforced and all penalties for the violation thereof shall be recovered in accordance with the provisions of "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), and of any act amendatory thereof and supplementary thereto, and in addition to the provisions and remedies therein contained, the following provisions and remedies shall be applicable in any proceeding brought for a penalty for a violation under the provisions of this act: (a) The following courts shall have jurisdiction of such proceeding in addition to those prescribed in said law, namely: the Superior Court and municipal courts; (b) The complaint in such proceeding may be made on information and belief by any employee of the State Department of Health; (c) A warrant may issue in lieu of summons in such proceeding; (d) The hearing in such proceeding shall be without a jury; (e) If the defendant in such proceeding shall fail to pay forthwith the amount of any money judgment rendered against him, the said defendant may be committed as provided in said law; (f) Such proceeding may be instituted on any day of the week or on a Sunday or a holiday; (g) Any sums received in payment of a money judgment entered in such proceeding shall be remitted to the State Department of Health; (h) An appeal from any judgment entered in such proceeding may be taken in the manner provided by law. L.1950,c.256,s.11; amended 1991,c.91,s.298.

N.J. Stat. § 26:7-22 Jurisdiction to restrain acts in violation of laws or regulations

The Superior Court of this State is hereby vested with jurisdiction and discretionary power in an action in the court brought at the suit of the Attorney-General or of the State Department to prevent and restrain the cremation of dead human bodies by any person who has not first obtained the license required by this act, or to prevent and restrain the violation by any person of the provisions of this act, or of any rule or regulation promulgated hereunder. L.1950, c. 256, p. 898, s. 12. Amended by L.1953, c. 26, p. 480, s. 54.

N.J. Stat. § 26:7-23 Repeal

Chapter seven of Title 26 of the Revised Statutes is repealed. L.1950, c. 256, p. 898, s. 13.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026