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Short answer
The Berry Amendment is a federal law, codified at 10 U.S.C. 4862, that bars the Department of Defense from using its funds to buy certain items, including food, clothing, fabrics, tents, hand or measuring tools and flags, unless the item is grown, reprocessed, reused or produced in the United States. Compliance means the whole production chain is domestic, unless a statutory exception applies. It binds DoD purchases; it does not regulate a private lab’s ordinary buying.
What the Berry Amendment is and what it covers
Section (a) of 10 U.S.C. 4862 says DoD funds may not be used to procure an item in the covered categories that was not grown, reprocessed, reused or produced in the United States. Section (b) lists the categories:
- food;
- clothing and its materials and components (sensors or electronics added to clothing are excluded);
- tents and their structural components, tarpaulins and covers;
- cotton and other natural fiber, silk, synthetic fabric, canvas and wool products, and items made from them;
- hand or measuring tools;
- stainless steel flatware and dinnerware (a category the statute notes as effective 1 January 2026 and scheduled for repeal on 1 January 2029);
- a United States flag.
The statute applies to commercial products as well, notwithstanding 41 U.S.C. 1906 (subsection (i)), and “United States” includes U.S. possessions (subsection (j)). The Congressional Research Service summarizes the scope as DoD purchases of textiles, clothing, tents and tarps, and footwear, plus food, hand and measuring tools and flags (CRS In Focus IF13001, 19 May 2025).
How Berry Amendment compliance works in practice
CRS describes the standard this way: the entire production process of the covered product must be performed in the United States, which includes raw materials, components and final assembly. That is the practical meaning of “Berry compliant”: a covered item whose fabric, fiber or components came from abroad does not qualify just because it was sewn or finished domestically.
DoD implements the statute in the Defense Federal Acquisition Regulation Supplement at DFARS 225.7002. The exceptions in DFARS 225.7002-2 are the working checklist a contracting officer applies (see below). Whether a particular product is covered is a case-by-case question for the contracting officer; the statute does not name individual products beyond its categories.
What are the key differences between the Berry Amendment and the Buy American Act?
The Berry Amendment requires a higher level of domestic content than the Buy American Act. The rows below come from CRS In Focus IF13001.
| Point | Berry Amendment | Buy American Act |
|---|---|---|
| Whose purchases | Department of Defense | Most procurement at other federal agencies |
| Content test | The entire production process of the covered product (raw materials, components, final assembly) must be performed in the United States | The product must be mined, produced, or manufactured in the United States |
| Strictness | Mandates a higher level of domestic content | Lower level of domestic content than Berry |
For the Buy American Act as it applies to federally funded medical equipment, see our guide to Buy American Act compliance for federally funded medical equipment.
What are the exceptions to the Berry Amendment?
The statute and DFARS list exceptions. This checklist maps both; each is a legal determination made by the government, not a choice by the supplier.
Statute, 10 U.S.C. 4862(c) to (k)
- (c) Availability: satisfactory quality and sufficient quantity “cannot be procured as and when needed at United States market prices”.
- (d) Combat support outside the United States, vessels in foreign waters, emergencies, and “unusual and compelling urgency”.
- (e) Chemical warfare protective clothing under foreign agreements.
- (f) Foods manufactured or processed in the United States, and cotton or wool waste used for propellants.
- (g) Resale, such as commissaries and exchanges.
- (h) Small purchases up to $150,000, with splitting prohibited; flags only up to $10,000. The threshold is adjustable by the consumer price index in years divisible by five.
- (k) Notice within seven days of award for certain (c) and (e) exceptions.
DFARS 225.7002-2, (a) to (o)
The DFARS page lists acquisitions not exceeding $200,000 (except athletic footwear for initial military entry), nonavailability determined by the Secretary with a synopsis within seven days of award, items in FAR 25.104(a), purchases outside the United States supporting combat, perishable foods overseas, food and hand or measuring tools for contingency or urgency, emergency acquisitions outside the United States, vessels in foreign waters, commissary resale, qualifying chemical warfare protective clothing, interagency or State and local purchases after GSA transfer, and several narrower fiber exceptions.
Two figures differ by source: the statute and CRS state $150,000, while DFARS 225.7002-2(a) (effective 7 May 2026 change) states $200,000. Attribute each figure to its source and confirm the threshold in force at the time of a purchase.
Where it matters for labs, clinics and suppliers
The Act binds DoD purchases. A laboratory or clinic buying with its own funds is not subject to it, unless it sells to DoD. A supplier that sells covered items to DoD, for example fabric-based goods, has to be able to show where the fiber, fabric and finished item were produced.
- Textile-based supplies fall under the Act only through the statute’s own wording: clothing, cotton, natural fiber, synthetic fabric, canvas, wool, tents, tarpaulins and covers. The statute does not mention medical or hospital items by name, so coverage of a given product is for the contracting officer to decide.
- DFARS 225.7002-2(j) excepts incidental cotton, natural fiber or wool in an end product when it is at most 10 percent of the price and within the (a) threshold.
- DFARS 225.7002-2(m) covers fibers and yarns for synthetic fabric going into a non-textile end product, and qualifying para-aramid.
Related reading on CASRAI: FAR 52.212-3 offeror representations, SAM.gov representations and certifications and AAMI PB70 gown levels.
Common misunderstandings
- “Berry compliant means assembled in the USA.” The CRS standard covers the entire production process, including raw materials and components.
- “It applies to every federal purchase.” It applies to DoD; the Buy American Act covers most other agencies’ procurement.
- “There is one fixed small-purchase threshold.” The statute and CRS say $150,000; DFARS 225.7002-2(a) says $200,000. Check the current figure.
- “Commercial products are exempt.” The statute applies to commercial products notwithstanding 41 U.S.C. 1906.
FAQ
What is Berry Amendment compliant?
A covered item is compliant when the whole production process, from raw materials and components through final assembly, took place in the United States, or when a statutory or DFARS exception applies (CRS IF13001; 10 U.S.C. 4862).
What are the key differences between the Berry Amendment and the Buy American Act?
Berry covers DoD purchases of listed categories and requires domestic production of the entire chain; the Buy American Act covers most other agencies’ procurement and requires the product to be mined, produced or manufactured in the United States (CRS IF13001).
What are the exceptions to the Berry Amendment?
They include domestic nonavailability, urgent need, combat or contingency support, vessels in foreign waters, emergencies, commissary resale, qualifying chemical-protective gear and purchases at or below the small-purchase threshold. See the checklist above for the statute and DFARS citations.
Sources
- 10 U.S.C. 4862, Cornell Legal Information Institute: https://www.law.cornell.edu/uscode/text/10/4862 (checked 30 October 2026).
- Congressional Research Service, In Focus IF13001, “Domestic Preference Statutes: The Berry Amendment and the Kissell Amendment”, 19 May 2025: https://www.everycrsreport.com/files/2025-05-19_IF13001_493944f7075391b4ff4c586837ade5c3886a5221.html (checked 30 October 2026).
- DFARS 225.7002-2, Exceptions, acquisition.gov: https://www.acquisition.gov/dfars/225.7002-2-exceptions. (checked 30 October 2026).
This page is general regulatory information, not legal advice.
