New York recently joined the other 46 states that allow funeral homes to provide light refreshments and drinks to customers in connection with providing funeral services. According to an article in the New York Times published on July 25, 2016 titled “At Funeral Homes, It Is Now Legal to Cry Into Your Potatoes.”
The author was surprised at the title of the column and discovered some information in the article he previously had not known.
According to the reporter:
“In the West, a homey casserole of slivered potatoes, sour cream and canned mushroom soup is often served at wakes and memorials and it is commonly known as ‘funeral potatoes.’ In Pennsylvania Dutch country, the go-to dish is custard and raisin pastry called ‘funeral pie.’”
The reporter stated that under the new law funeral homes would be able to serve light refreshments and nonalcoholic drinks. It was also mentioned Massachusetts, New Jersey and Pennsylvania currently still had bans, though it was indicated that the ban might be eliminated in Pennsylvania and had already been changed in Massachusetts, subject to the issuance of new regulations.
The reporter also interviewed some New York funeral directors about the change in the law. Apparently not all of the funeral directors were in favor of the change, but it was indicated by one that was opposed she would probably allow it in order to compete. Another funeral director stated he was in favor because it would promote the use of the funeral home for celebrating the life or for memorial services for a deceased person.
The reported also discussed the alleged policy reasons for the original ban in many states. One reason was health concerns about having food around dead bodies. Another reason stated was because of the opposition by the restaurant industry that was concerned it would affect functions. It should be noted that the law does provide that the funeral homes have to cater the food and drinks from outside sources so this is the manner the legislature addressed the restaurant’s concerns.
The author has always wondered about this prohibition in some states, as where there were no restrictions, the sale of food and drinks was sometimes a major profit center for a funeral home. One funeral home the author visited in Hawaii many years ago had an adjoining building with extensive food and drink facilities. The financial statements indicated that the funeral home was making more money from the food operation then it was from providing funeral services. It took a while, but it is not surprising that the ban has been substantially eliminated in most states.
This article is for the information of subscribers and does not constitute legal advice about this subject. All subscribers should accordingly consult with their own attorney to make sure they are in compliance with the laws in their state.
The author is licensed to practice law in Illinois, Florida and Wisconsin. He has been involved with legal matters related to the industry in almost every state and can be reached by phone at 847-334-1983 or by email at harv4law@gmail.com.