Updated August 19, 2018
If you have additional questions about the NYS Food & Beverage Law, please contact us at info@nysfda.org.
The Law
Q: ARE ALL FUNERAL HOMES REQUIRED TO OFFER FOOD & BEVERAGE?
A: No. The law simply removes the prohibition on food and beverage in the funeral home. It is 100% up to the owner of each individual funeral home as to if – and how – they will make this option available to families.
Q: WHAT SPECIFIC TYPES OF FOOD AND BEVERAGE MAY A FUNERAL HOME OFFER FAMILIES?
A: The law allows “incidental refreshments” – such as baked goods, sandwiches, snacks and platters – as well as non-alcoholic beverages.
Q: WHAT DOES THE LAW SPECIFICALLY ALLOW A FUNERAL HOME TO DO?
A: The law allows limited food and non-alcoholic beverages to be sold, served and consumed in the funeral home. The law also allows funeral homes to provide the space, facilities, equipment and supplies relating to the food and/or beverages. Funeral directors and other funeral home staff may prepare beverages (i.e. coffee), but may only serve food.
Q: WHAT DOES THE LAW NOT ALLOW A FUNERAL HOME TO DO?
A: The law and forthcoming regulations are very clear that a funeral home may not prepare, cook or heat the food, but must instead rely on the family to prepare and provide the food or use the services of a licensed food service establishment (i.e. deli, supermarket, local restaurant, caterer).
Q: CAN WE CHARGE FAMILIES FOR HAVING FOOD AND BEVERAGE IN THE FUNERAL HOME?
A: Yes. The funeral home may charge a facility fee for providing the space for the food to be consumed. In addition, the funeral home may handle the food purchase in a variety of ways: the family makes all food selections and handles payment themselves, the funeral home places the food order and arranges the delivery with the caterer and the family pays the caterer via a “cash advance item”, or the funeral home handles all of the food selection and ordering and provides this as an additional service to the family. If the funeral home chooses the last option, the food and beverage options regularly offered to families must be listed on the funeral home’s GPL.
Q: WHAT DOES IT MEAN THAT A FUNERAL DIRECTOR MAY “SERVE” FOOD?
A: NYS DOH and the Bureau of Funeral Directing define “serve” as arranging, opening, displaying and assembling items for consumption.
Q: WHO MAY BE ALLOWED TO HAVE FOOD AND BEVERAGE IN THE FUNERAL HOME?
A: The law and forthcoming regulations do not identify nor restrict who the funeral may make the food and beverages available to. This is a business decision by each funeral home owner and staff. Food and beverages may be offered to just the immediate family when making arrangements, just the family and their invited guests between visiting hours, or to all visitors in the funeral home for a specific service.
Q: CAN THE FUNERAL HOME RESTRICT WHO CAN HAVE FOOD IN THE FUNERAL HOME?
A: Yes. The funeral home may establish a business policy as to who may have food in the funeral home. This could be just the immediate family during arrangements, just the immediate family and invited guests between visiting hours, or any and all who attend the funeral services.
Q: MAY A FUNERAL HOME RESTRICT WHAT KIND OF FOOD IS BROUGHT INTO THE FUNERAL HOME?
A: Yes. The funeral home may set a policy that limits what type of food is allowed inside as well as where the food comes from. However, DOH requires that a funeral home provide a few different options of providers if the policy is to allow food only from a licensed food service establishment. DOH is very clear in the guidance to ensure a family is not restricted by just one choice of caterer allowed.
Q: IN WHICH AREAS OF THE FUNERAL HOME MAY FOOD AND BEVERAGE BE ALLOWED?
A: The law and regulations allow food and beverages in all areas of the funeral home except the prep room and the chapel (when there is a body present). Food and beverages may be served in the chapel if cremated remains are present. The funeral home staff may identify and designate an appropriate area of their funeral home for food and beverages. In addition, each funeral home may have its own policy as to where – and when – food and beverages are permitted.
Q: CAN A PORTION OF THE CHAPEL BE PARTITIONED OFF FOR A PARTICULAR SERVICE?
A: Yes, as long it creates a new space and is separated from the area where the services are being held. The “overflow” area may be used for refreshments as long as the chapel still meets the size and space requirements. This would apply in instances where the funeral home chooses not to serve food and beverages in the chapel (although allowed under the regulations). In addition, a separate chapel not being used for the services may be used for serving refreshments.
Q: DOES THE FOOD AREA HAVE TO BE IN THE SAME DESIGNATED AREA FOR EACH SERVICE?
A: No. A funeral home does not have to have an independent, dedicated room to be used only for food and beverages. The funeral home may designate the food area as appropriate for each individual service.
Q: WHERE MUST THE FOOD COME FROM?
A: The law and forthcoming regulations allow for either food prepared at home and provided by the family or food prepared by and purchased from a licensed food service establishment (ie: deli, supermarket, caterer, local restaurant).
Q: WHAT DOES IT MEAN THAT THE FUNERAL HOME CANNOT BE “AFFILIATED” WITH THE CATERER?
A: The intent of the word “affiliated” in the law and regulations is to prevent a food service establishment/caterer from being owned and/or operated by a funeral home and/or funeral director. This was not meant to prohibit a funeral home from having a business relationship and agreement with a few local catering businesses, but families must be offered a range of options when possible.