Other retail sale of food in specialised outlets

Applicants who wish to pursue this activity must register the business activity, and have the appropriate legal status.

Retail is performed in an outlet which consists of:

• a sales space where goods are directly sold, and/or
• an open sales space where goods are directly sold, and/or
• a warehouse where goods and packaging are stored, which is not a compulsory space of the store.

If another activity is pursued in the outlet, the space intended for this activity must be visibly separated from the section of intended for retail or be determined as such in the internal plan of this space.

The arrangement of the outlet's equipment must ensure the safe movement of buyers in the outlet and safe handling of goods.

• The scales for weighing non-packaged goods must be located in the sales space in the section where the sale of non-packaged goods which must be weighed is carried out. The scales must be in compliance with metrological regulations, and suitable for the quantity and types of goods being sold. If goods are weighed together with packaging (except paper, foil and bags used for delicacies), the scales must include the function of tare weight, which must facilitate the determination of only the actual weight of goods when establishing the price. If the scales do not have this function, the vendor must deduct the weight of the packaging from the total weight, and, when determining the price, take into account only the actual weight of the goods.
• Changing rooms for trying on clothes with a mirror, hanger and a seat must be part of the sales space where clothes are sold.
• A seat and mirror must be part of the sales space where footwear is sold.
• Shopping baskets or trolleys must be located in the sales space with self-service, except if this does not comply with the type or manner of selling goods.

Exterior of a retail outlet:

• The access to the entrance must be well organised and unobstructed.
• The façade of the outlet must include a sign in a visible position bearing the name of the company and place of establishment of the trader, and the potential name of the store.
• A schedule of the working hours of the outlet must be located n a visible position near the entrance.
• If retail is conducted also in a suitably arranged space next to the outlet, unobstructed movement must be ensured in this space.

Legal basis

• Rules on minimum tehnical requirements for performing the trade activity

The scales used for measuring in the following fields:

• protection of human and animal health,
• environmental protection and general technical safety,
• goods and services traffic,
• procedures before administrative and judicial authorities

must fulfil metrology requirements confirmed with the first and regular certification during the whole period of application.

The first certification of the metering device is the examination of the new metering device and confirmation of its conformity with the approved type and/or prescribed metrology requirements for the respective type of metering device. The first certification is provided by the producer of the metering device or his authorised representative.

Regular certification of the metering device must be provided by its owner.

The extraordinary certification is mandatory for metering devices which were excluded from application due to re-modelling, fault or other technical deficiencies. The compliance of metering devices with the metrology requirements is determined by applying the extraordinary certification. The extraordinary certification is provided by the holder of the metering device.

Regular and extraordinary certifications are conducted by the Metrology Institute or the appointed legal entity or sole trader.

Evidence

Certification designation on the metering device.

Legal basis

• Metrology Act (ZMer-1)
• Rules on metrological requirements for non-automatic weighing instruments

A trader must ensure the recording of business events regarding the condition of goods in accordance with the Slovenian Accounting Standards or International Financial Reporting Standards.

At the point of sale, the trader must provide the competent inspection authorities with the following information on the condition of goods:

• number and date of the entry document;
• name of the supplier;
• number and date of the supplier’s document;
• name, unit of measure and quantity of goods;
• the sales price of goods;
• information on changes to the sales price of goods.

Legal basis

• Trade Act (ZT-1)

A trader determines the opening times of the outlet in accordance with his or her business decision and considering the needs of consumers. The outlet must operate in accordance with the published schedule of working hours.

When determining working hours, the trader must consider the number of employees in the outlet and their rights, obligations and responsibilities arising from the employment relationship as stipulated by the act which regulates employment relationships, and the collective agreement in the field of trade in Slovenia, primarily by the provisions referring to the organisation of working hours, breaks, rests and bonuses arising from working hours which are less favourable for employees.

Dealers may not determine the opening hours of stores on Sundays and other work-free days defined by law.

Exceptions are stores with sales area of up to 200 square meters at service stations, border crossings, ports for public transport, airports, railway and bus stations and hospitals.

Exceptions also include stores with a sales area of up to 200 square meters, if work on Sundays and other work-free days defined by law in their stores is performed exclusively by a person who as a sole proprietor is a commercial activity operator or by his or her procurator or a legal representative or procurator of a legal person involved in the commercial activity.

Work on Sundays and statutory work-free days together with a sole proprietor, a sole proprietor or his or her procurator or legal representative or the procurator of a legal entity involved in a commercial activity, can also be performed by a person who may perform temporary or occasional student work in accordance with the law governing employment and unemployment insurance, and by a person who may perform temporary or occasional work in accordance with the law governing the labour market.

Evidence

A schedule of working hours of the outlet must be published in a visible position near the entrance to the outlet.

Legal basis

• Trade Act (ZT-1)

Persons liable to be registered are holders of a food processing activity (legal entities, sole traders and natural entities), if they pursue any of the following activities:

• import or export, production, processing, packaging, storing, transport, distribution, placement of the foodstuffs of non-animal origin on the market,
• sale (retail, wholesale, at the marketplace, at the stand, online, via mail),
• catering activities (restaurants, inns, snack bars, confectioneries and coffee shops, temporary catering facilities, tourist farms, food preparation and delivery (catering), including the facilities serving drinks,
• activities in institutionalised food facilities (hospitals, schools, kindergartens, institutes and centres, including the food for child care facilities),
• activities in the facilities for the food at works,
• activities related to the food supplements and foodstuffs for particular nutritional uses or health uses.

Registration is not required, if the activity refers to the production for domestic use or occasional activities, such as: school events, occasional charity events, offer of refreshment drinks at the hairdresser's, etc., which do not indicate a level of organisation required for the food processing activity (permanent or seasonal).

Details