N.Y. General Municipal Law Section 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 State Finance Law § 139-A (Ground for cancellation of contract by state)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 State Finance Law § 139-J (Restrictions on contacts during the procurement process)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.

Source: Section 104-D — The New York state buy American salt act, https://www.­nysenate.­gov/legislation/laws/GMU/104-D (updated Apr. 7, 2023; accessed Feb. 21, 2026).

100
Definitions
100–A
Declaration of policy
101
Separate specifications for certain public work
102
Deposits on plans and specifications
103
Advertising for bids and offers
103–A
Ground for cancellation of contract by municipal corporations and fire districts
103–B
Disqualification to contract with municipal corporations and fire districts
103–C
Removal of disqualification of public contractors by petition
103–D
Statement of non-collusion in bids and proposals to political subdivision of the state
103–E
Conspiracies to prevent competitive bidding or competitive offering on public contracts
103–F
Security bonds
103–G
Iranian energy sector divestment
103–H
Restriction on purchasing certain technology which poses a security threat
104
Purchase through office of general services
104–A
Purchasing of products for public use
104–B
Procurement policies and procedures
104–C
Disposal of surplus computer equipment
104–D
The New York state buy American salt act
105
Disposition of deposit accompanying bid
106
Withdrawal of retained percentages
106–A
Service charge for receiving, handling and disbursing funds and coupons
106–B
Payment on public work projects
107
Claims against political subdivisions
108
Workmen’s compensation insurance on public works
109
Assignment of public contracts
109–A
Purchases through the office of general services by certain public associations
109–B
Installment contracts
109–C
Purchases through county contracts by certain not-for-profit corporations
109–D
Emergency vehicle warranties
109–E
Additional requirements for right-of-way permits

Verified:
Feb. 21, 2026

Last modified:
Apr. 7, 2023

§ 104-D. The N.Y. state buy American salt act's source at nysenate​.gov

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