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These guidelines are advisory in nature and set out general concepts rather than precise statutory language. The ICCFA is not recommending that the guidelines be codified into law as a whole. Instead, the guidelines are intended for consideration as a series of options to be selectively chosen by interested parties to address particular concerns.
Developed in 1998 by the Government and Legal Affairs Task Force of the
International Cemetery and Funeral Association
Each cemetery authority is confronted with the legal obligation of maintaining and protecting interment spaces and the cemetery from damage by third parties in a manner that does not unreasonably restrain the exercise of free trade. As a result, it is generally recognized that a cemetery authority has the right to publish and enforce rules and regulations governing activities within the cemetery. The cemetery authority may prescribe requirements and procedures for the design, materials, delivery, installation, and care of memorials. These requirements should apply whether performed by the cemetery authority or by an independent memorial retailer.
Efforts to better serve the consumer, enhance retail competition, and to promote a good working relationship between the interment and memorialization industries have been fostered by industry trade associations, most notably through the "Recommended Installation Guidelines" developed by the International Cemetery and Funeral Association ("ICFA") and the Monument Builders of North America ("MBNA"). In addition, the ICFA and the MBNA have established a joint committee to informally mediate disputes between their respective members.
Legislation regarding memorial sales and installation should protect the respective interests of interment right owners, cemetery authorities, memorial retailers, and the general public.