(1) Unless the person in control of disposition and the crematory otherwise agree as set forth in paragraph (2) of this subdivision, the entire cremains shall be pulverized until no single fragment is recognizable as skeletal tissue.

(2) If the person in control of disposition requests in a signed and witnessed writing that a fragment of the cremains be preserved as recognizable skeletal tissue and provides a religious or cultural reason for the request, the crematory may consent in a signed writing to such a request. In that event, prior to pulverization of the cremains, the crematory may set aside a single fragment which is recognizable as skeletal tissue and which does not have any dimension greater than three inches. The remainder of the cremains shall be pulverized until no single fragment of the remainder is recognizable as skeletal tissue. The single fragment that is set aside must be combined again with the remainder of the cremains immediately after the remainder has been pulverized. The signed and witnessed writing from the person in control of disposition and the signed written consent of the crematory shall be retained in the permanent file of the crematory.