16 C.F.R. § 453.1

Definitions

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(a) Alternative container. An “alternative container” is an unfinished wood box or other non-metal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of human remains and which is made of fiberboard, pressed-wood, composition materials (with or without an outside covering) or like materials.

(b) Cash advance item. A “cash advance item” is any item of service or merchandise described to a purchaser as a “cash advance,” “accommodation,” “cash disbursement,” or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items may include, but are not limited to: cemetery or crematory services; pallbearers; public transportation; clergy honoraria; flowers; musicians or singers; nurses; obituary notices; gratuities and death certificates.

(c) Casket. A “casket” is a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric.

(d) Commission. “Commission” refers to the Federal Trade Commission.

(e) Cremation. “Cremation” is a heating process which incinerates human remains.

(f) Crematory. A “crematory” is any person, partnership or corporation that performs cremation and sells funeral goods.

(g) Direct cremation. A “direct cremation” is a disposition of human remains by cremation, without formal viewing, visitation, or ceremony with the body present.

(h) Funeral goods. “Funeral goods” are the goods which are sold or offered for sale directly to the public for use in connection with funeral services.

(i) Funeral provider. A “funeral provider” is any person, partnership or corporation that sells or offers to sell funeral goods and funeral services to the public.

(j) Funeral services. “Funeral services” are any services which may be used to:

(1) Care for and prepare deceased human bodies for burial, cremation or other final disposition; and

(2) arrange, supervise or conduct the funeral ceremony or the final disposition of deceased human bodies.

(k) Immediate burial. An “immediate burial” is a disposition of human remains by burial, without formal viewing, visitation, or ceremony with the body present, except for a graveside service.

(l) Memorial service. A “memorial service” is a ceremony commemorating the deceased without the body present.

(m) Funeral ceremony. A “funeral ceremony” is a service commemorating the deceased with the body present.

(n) Outer burial container. An “outer burial container” is any container which is designed for placement in the grave around the casket including, but not limited to, containers commonly known as burial vaults, grave boxes, and grave liners.

(o) Person. A “person” is any individual, partnership, corporation, association, government or governmental subdivision or agency, or other entity.

(p) Services of funeral director and staff. The “services of funeral director and staff” are the basic services, not to be included in prices of other categories in § 453.2(b)(4), that are furnished by a funeral provider in arranging any funeral, such as conducting the arrangements conference, planning the funeral, obtaining necessary permits, and placing obituary notices.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1989–2026 · leading case: SCI Texas Funeral Servs., Inc. v. Hijar, 214 S.W.3d 148 (Tex. App. 2007).

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SCI Texas Funeral Servs., Inc. v. Hijar, 214 S.W.3d 148 (Tex. App. 2007). · cites it 3× “See 16 C.F.R. §§ 453.1 (b), 453.3(f)(l)(ii). Customers who contract for funeral goods and services must be given a separate purchase agreement that lists retail prices for all goods and services selected, lists the actual or estimated prices for “cash advance items” and lists a…”

St. Joseph Abbey v. Paul Castille, 712 F.3d 215 (5th Cir. 2013). “24, 1982); see 16 C.F.R. § 453.1 et seq. 8 . Id. at 44289 .”

St. Joseph Abbey v. Paul Castille, 700 F.3d 154 (5th Cir. 2012). · cites it 2× “24, 1982); see 16 C.F.R. § 453.1 et seq. 8 Id. at 44289.”

Baudino v. SCI California Funeral Servs., Inc., 169 Cal. App. 4th 773 (Cal. Ct. App. 2008). · cites it 5× “( 16 C.F.R. §§ 453.1 (b) & 453.3(f) (2008).”

Funeral Consum. All., Inc. v. Fed. Trade Comm'n, 481 F.3d 860 (D.C. Cir. 2007). · cites it 3× “See 16 C.F.R. §§ 453.1 — 458.9. This case concerns the provisions of the Funeral Rule that regulate “cash advance items.”

Craigmiles v. Giles, 312 F.3d 220 (6th Cir. 2002). “” 16 C.F.R. § 453.1 (i) (emphasis added). ' The definition appears, on its face, to apply to casket retailers, and we cannot find an agency or judicial decision limiting construction elsewhere.”

Craigmiles v. Giles, 110 F. Supp. 2d 658 (E.D. Tenn. 2000). “16 C.F.R. §§ 453.1 - 453.4. Because the funeral Board has incorporated the FTC’s Funeral Rule into the requirements for funeral directors, Tenn.”

Fed. Trade Comm'n v. Hughes, 710 F. Supp. 1524 (N.D. Tex. 1989). “16 C.F.R. § 453.1 (j) and (n). The FTC filed this suit in 1987, alleging that defendant Dudley M.”

SCI Texas Funeral Servs., Inc. Prof'l Funeral Assocs., Inc. SCIT Holdings, Inc. SCI Funeral Servs., Inc. & Serv. Corp. Int'l v. David Hijar, Lupe Wiebel & Patricia Villegas (Tex. App. 2007). · cites it 3× “See 16 C.F.R. §§ 453.1 (b), 453.3(f)1)(ii). Customers who contract for funeral goods and services must be given a separate purchase agreement that lists retail prices for all goods and services selected, lists the actual or estimated prices for “cash advance items” and lists a…”

In Re Paul E Buchanan (Mich. Ct. App. 2026). “10 Also unavailing is respondents’ reliance on the Federal Trade Commission (FTC) Funeral Rule, 16 CFR § 453.1 et seq. Respondents have not cited any Michigan authority adopting or applying the FTC Funeral Rule in the circumstances presented.”

St. Joseph Abbey v. Paul Castille (5th Cir. 2012). “24, 1982); see 16 C.F.R. § 453.1 et seq. 8 Id. at 44289.”

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