N.Y. Highway Law § 12-a: The New York state buy American salt act

§ 12-a. 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,

the commissioner of transportation 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) "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;

(b) "United States" means the United States of America and includes

all territory, continental or insular, subject to the jurisdiction of

the United States.