§ 104-d. The New York state buy American salt act. 1. Use of American
materials. (a) Notwithstanding any other provision of law, when
soliciting a contract for the purchase of rock salt or sodium chloride,
any department or agency of a political subdivision may award such
contract to the responsible and reliable bidder offering to supply rock
salt or sodium chloride that is mined or hand harvested in the United
States, and which offer is within ten percent of the lowest price or
best value offer, rather than to the lowest responsible and reliable
bidder.

(b) If it has been determined by a court or federal or state agency
that any person intentionally:

(i) affixed a label bearing a "Made in America" inscription, or any
inscription with the same meaning, to any rock salt, or sodium chloride
product used in projects to which this section applies, sold in or
shipped to the United States that was not mined or hand harvested in the
United States; or

(ii) represented that any rock salt, or sodium chloride product
procured in a contract to which this section applies that was not
produced in the United States, was produced in the United States; then
that person shall be ineligible to receive any contract or subcontract
with this state pursuant to the debarment or suspension provisions
provided under section one hundred thirty-nine-a of the state finance
law.

(c) This section shall be applied in a manner consistent with the
state's obligations under any applicable international agreements
pertaining to government procurement.

2. Definitions. For the purposes of this section, the following words
shall have the following meanings unless specified otherwise:

(a) "Public agency" means a governmental entity as that term is
defined in section one hundred thirty-nine-j of the state finance law;

(b) "Mined or hand harvested in the United States" means: extracted or
collected from land or ponds within the boundary of the United States,
from the initial separation from the earth through the addition of any
additives necessary for commercial sale;

(c) "United States" means the United States of America and includes
all territory, continental or insular, subject to the jurisdiction of
the United States.