* § 224. Export diagnostic and market development program. 1.\nDefinitions. As used in this section, the following terms shall have the\nfollowing meanings, unless a different meaning appears from the context:\n (a) "Eligible applicant" shall mean (i) a small or medium sized\nbusiness having no more than five hundred employees, or business or\nindustry group or association, or (ii) any commercial merchant, dealer,\ndistributor, broker, grower, producer, processor, handler, packer,\nindustry group or association or cooperative offering for sale or trade\neligible agricultural products.\n (b) "Export diagnostic assessment" shall mean an assessment of the\npotential of an eligible applicant to commence or increase exporting. An\nexport diagnostic assessment may include, but shall not be limited to,\nan evaluation of the export potential for an eligible applicant's goods\nor services in international markets and an eligible applicant's\nmanagement, organization and distribution in relation to its ability to\ncommence or increase exporting.\n (c) "Export market development plan" shall mean an analysis of\nspecific actions an eligible applicant should undertake to commence or\nincrease exporting. An export market development plan may include, but\nshall not be limited to, recommendations for an eligible applicant: (1)\nto adapt its products to international technical specifications and\nstandards; (2) to pursue exporting in specific regional and/or\nindustrial markets; or (3) to contract with agents, distributors or\nothers.\n (d) "Eligible agricultural products" shall mean agricultural products\ngrown, produced, or primarily processed in New York; agricultural\nequipment primarily processed in New York; agricultural equipment\nprimarily produced in New York; or aquatic products cultured, cultivated\nor harvested from the waters in and around New York or cultured or\nlanded in New York, which are likely to be in demand in international\nmarkets.\n 2. Establishment. The commissioner is hereby authorized to establish\nan export diagnostic and market development program within the\ndepartment in conjunction with the industrial effectiveness program set\nforth in article seven of this chapter, for the purpose specified in\nthis section.\n 3. Purpose. The purpose of the export diagnostic and market\ndevelopment program shall be to improve the competitive position in\ninternational markets of businesses and industries, including\nagricultural businesses, whose principal place of business is located in\nNew York by assisting them to commence or increase exporting.\n 4. Administration. In furtherance of the purpose of the export\ndiagnostic and market development program, the department is authorized\nto:\n (a) identify and retain individuals and firms with special competence\nin at least one area related to export development or promotion, and\nprovide eligible applicants with a list of such individuals and firms.\nThe department shall promulgate by rules the procedures and criteria to\nbe used in selecting and retaining such individuals and firms;\n (b) provide export diagnostic assessments and export market\ndevelopment plans to eligible applicants that have requested such\nassistance directly or upon referral by the department's regional\noffices, the New York state science and technology foundation, the New\nYork state urban development corporation, the department of agriculture\nand markets, the port authority of New York and New Jersey, or federal,\nstate, regional and local trade and economic development organizations.\nSuch export diagnostic assessments and export market development plans\nmay be provided either directly or by experts retained and supervised by\nthe department. Any expenditure for such assistance shall be based on a\nplan approved by the commissioner, and in no case shall the level of\ncontribution by the eligible applicant be less than fifty percent of the\ntotal cost of such export diagnostic assessment;
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