N.Y. State Finance Law § 162-A – The New York state buy American salt act

1. Use of American materials. (a) Notwithstanding any other provision of law, each contract for purchase or procurement made by any department or agency of the state shall contain a provision that the rock salt, or sodium chloride, used or supplied in the performance of the contract or any subcontract thereto shall be mined or hand harvested in the United States.
(b) For the purposes of section one hundred sixty-three of this article, no bidder shall be deemed to be the lowest responsible and reliable bidder and no bid shall be deemed the best value unless the bid offered by such bidder will comply with the contract term required by paragraph (a) of this subdivision.
(c) The provisions of paragraph (a) of this subdivision shall not apply in any case or category of cases in which the head of such department or agency determines that:
1. (i) such requirement would not be in the public interest;
2. (ii) such requirement would result in unreasonable costs;
3. (iii) such materials and products cannot be produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
4. (iv) obtaining such materials and products in the United States would increase the cost of the contract by an unreasonable amount.
(d) If it has been determined by a court or federal or state agency that any person intentionally:
1. (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
2. (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 this chapter.
(e) 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:
1. (a) "Public agency" means a governmental entity as that term is defined in section one hundred thirty-nine-j of this chapter;
2. (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;
3. (c) "United States" means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States.