This text of New York § 104-D (The New York state buy American salt act) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 104-d. The New York state buy American salt act. 1. Use of American\nmaterials.
(a)Notwithstanding any other provision of law, when\nsoliciting a contract for the purchase of rock salt or sodium chloride,\nany department or agency of a political subdivision may award such\ncontract to the responsible and reliable bidder offering to supply rock\nsalt or sodium chloride that is mined or hand harvested in the United\nStates, and which offer is within ten percent of the lowest price or\nbest value offer, rather than to the lowest responsible and reliable\nbidder.\n (b) If it has been determined by a court or federal or state agency\nthat any person intentionally:\n (i) affixed a label bearing a "Made in America" inscription, or any\ninscription with the same meaning, to any rock salt, o
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§ 104-d. The New York state buy American salt act. 1. Use of American\nmaterials. (a) Notwithstanding any other provision of law, when\nsoliciting a contract for the purchase of rock salt or sodium chloride,\nany department or agency of a political subdivision may award such\ncontract to the responsible and reliable bidder offering to supply rock\nsalt or sodium chloride that is mined or hand harvested in the United\nStates, and which offer is within ten percent of the lowest price or\nbest value offer, rather than to the lowest responsible and reliable\nbidder.\n (b) If it has been determined by a court or federal or state agency\nthat any person intentionally:\n (i) affixed a label bearing a "Made in America" inscription, or any\ninscription with the same meaning, to any rock salt, or sodium chloride\nproduct used in projects to which this section applies, sold in or\nshipped to the United States that was not mined or hand harvested in the\nUnited States; or\n (ii) represented that any rock salt, or sodium chloride product\nprocured in a contract to which this section applies that was not\nproduced in the United States, was produced in the United States; then\nthat person shall be ineligible to receive any contract or subcontract\nwith this state pursuant to the debarment or suspension provisions\nprovided under section one hundred thirty-nine-a of the state finance\nlaw.\n (c) This section shall be applied in a manner consistent with the\nstate's obligations under any applicable international agreements\npertaining to government procurement.\n 2. Definitions. For the purposes of this section, the following words\nshall have the following meanings unless specified otherwise:\n (a) "Public agency" means a governmental entity as that term is\ndefined in section one hundred thirty-nine-j of the state finance law;\n (b) "Mined or hand harvested in the United States" means: extracted or\ncollected from land or ponds within the boundary of the United States,\nfrom the initial separation from the earth through the addition of any\nadditives necessary for commercial sale;\n (c) "United States" means the United States of America and includes\nall territory, continental or insular, subject to the jurisdiction of\nthe United States.\n