N.Y. Comp. Codes R. & Regs. tit. 5 § 120.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 120.2 - Definitions

(a) Agricultural equipment means tangible personal property consisting of machinery or equipment used or intended to be used to grow, produce, process or pack agricultural products.

(b) Agricultural products includes all agricultural, horticultural, floricultural, and vegetable and fruit products of the soil, grapes and wines, grains, timber products, Christmas trees, livestock and meats, poultry, eggs, dairy products, nuts, honey, maple tree sap and maple products produced therefrom, wool, hides, hay, straw or articles of food, drink, confectionery or condiment used or intended for use by human beings or animals, and all substances or ingredients to be added to food for any purpose.

(c) Aquatic products means food or fiber products obtained through the process of the culture, cultivation or harvest of aquatic plants and animals, including mariculture, or by harvest from bodies of water when such products are cultured or landed.

(d) Business or industry group or association means a not-for-profit corporation or other voluntary association or organization formed for agricultural, horticultural, animal husbandry, professional, commercial, industrial, trade or service purposes, and some of whose members are small and medium sized businesses.

(e) Commissioner means the Commissioner of Economic Development.

(f) Department means the Department of Economic Development.

(g) Deputy Commissioner means the Deputy Commissioner of the International Division of the Department.

(h) Eligible agricultural products means agricultural products grown, produced, or primarily processed in New York; agricultural equipment primarily produced in New York; or aquatic products cultured, cultivated or harvested from the waters in and around New York or cultured or landed in New York, which are likely to be in demand in international markets.

(i) Eligible applicant means:

(1) a small or medium sized business having no more than 500 employees, or business or industry group or association; or

(2) any commercial merchant, dealer, distributor, broker, grower, producer, processor, handler, packer, industry group or association or cooperative offering for sale or trade eligible agricultural products.

(j) Export diagnostic assessment means an assessment of the potential of an eligible applicant to commence or increase exporting. An export diagnostic assessment may include, but shall not be limited to, an evaluation of the export potential for an eligible applicant's goods or services in international markets and an eligible applicant's management, organization and distribution in relation to its ability to commence or increase exporting.

(k) Export market development plan means an analysis of specific actions an eligible applicant should undertake to commence or increase exporting. An export market development plan may include, but shall not be limited to, designing and implementing recommendations for an eligible applicant:

(1) to adapt its products to international technical specifications and standards;

(2) to pursue exporting in specific regional and/or industrial markets;

(3) to contract with agents, distributors or others;

(4) to establish its own internal international division;

(5) to establish materials management and export documentation capabilities; and

(6) to make such other changes to and improvements in its management, organization, operations, distribution or production to commence or increase exporting.

(l) Service means the Global Export Market Service.

(m) Small or medium sized business means a sole proprietorship, partnership, corporation or other business organization having no more than 500 employees, which is commercially viable, and offers for sale or trade goods or services which are likely to be in demand in international markets and are substantially produced in New York.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 120.2