When may an out-of-state funeral establishment transport human remains out of the State of California without a permit for disposition?

• A. When the remains were found within 30 miles of the California border and the nearest funeral establishment is within 50 miles of the border in the adjacent state
• B. When the remains were found within 50 miles of the California border and the nearest funeral establishment is within 30 miles of the border in the adjacent state
• C. When the remains were found within 50 miles of the California border and the nearest funeral establishment is within 50 miles of the border in the adjacent state
• D. Under no conditions may human remains be transported out of state without a permit for disposition

Answer: (B)

A practical exception is built into the rules to handle cross-border disposition when arrangements are most conveniently made with an nearby state facility. If the remains are found within 50 miles of the California border and the nearest funeral establishment in the adjacent state is within 30 miles of that border, the out-of-state establishment may transport the remains out of California for disposition without a California permit. This combination of proximity – remains close to the border and a neighboring-state facility even closer to the border – is what allows the exemption.

The other scenarios don’t meet the required proximity thresholds. If the adjacent-state establishment is farther than 30 miles from the border (even if the remains are within 50 miles), the exemption doesn’t apply. If the remains are within 30 miles but the neighboring establishment is not within 30 miles of the border (for example, within 50 miles), the exemption also doesn’t apply. The blanket statement of no conditions is incorrect because the statute provides this specific border-area exception.