Restaurant

For business activities included in the list of activities which pursuant to Article 5 of the Small Business Act are typically carried out in a craft manner  it applies that, upon registration of this activity, the business entities are simultaneously registered, ex officio, in the Craft Register   at the Chamber of Craft and Small Business of Slovenia (OZS).

The Chamber of Craft and Small Business of Slovenia makes the registration ex officio when it receives information about the registered activity from the administrator of the business register (the Agency of the Republic of Slovenia for Public Legal Records and Related Services (AJPES)).

Registration in the Craft Register can also be made by the business entity itself at the individual regional Chamber of Craft and Small Business under local jurisdiction .

The entry in the Craft Register is free of charge.

Legal basis

• Small Business Act (ObrZ)
• List activities in accordance with Article 5 ObrZ-Z is usually performed in a craft way

Links

• Obrtna dovoljenja
• Lista dejavnosti, ki se v skladu s 5. členom Obrtnega zakona opravljajo na obrtni način

Adequate business premises are to be provided for certain activities, especially in the areas of hospitality industry, trade, warehousing, manufacturing, education, workshops, laboratories, outpatient clinics and the like.

This condition is not checked when a company is registered, but an entrepreneur must provide business premises and obtain the relevant permit before commencing the activity for which this condition is prescribed.

The building in which the business premises are located must have an operating permit.

Business premises may be rented or purchased. Before renting or buying a real estate unit it is best to check in advance whether the unit already has an operating permit for the relevant business use and whether a particular activity can commence on the business premises immediately upon the handover.

The administrative authority that issued the building permit (the competent administrative unit ) is competent to issue the operating permit and to amend the building permit, unless the proposed modifications to the building require the issuance of an integral building permit.

More on  the procedure for obtaining an operating permit

In the case of reconstruction of buildings protected in accordance with the regulations on cultural heritage, the minimum technical conditions for carrying out the activity may differ from those prescribed.

In the procedure for granting a building or reconstruction permit in accordance with the regulations on spatial planning and building construction, it is possible to obtain approval of a derogation, provided that the derogation is not such as to endanger human health and life.

Evidence

Operating permit: copy

Legal basis

• Building Act (GZ-1)
• Housing Act (SZ-1)

Links

• eUprava - uporabno dovoljenje
• Obrazci - pripomočki za uporabo nove gradbene zakonodaje

The operator of a food business activity must register the food business establishment with the competent regional office of the Administration of the Republic of Slovenia for Food Safety, Veterinary Sector and Plant Protection no later than 15 days before commencing the activity. The registration form, further information and contact details of regional offices are available at the following link.

An entity operating with cash, must fiscally verify invoices. Cash includes payment in cash, payment by debit/credit card or any other method of payment other than direct payment of an invoice to one's current account. Fiscal verification of invoices can be carried out in two ways: using fiscal cash registers or pre-numbered receipt books.    

Before issuing an invoice, taxable persons must adopt a bylaw , in which they lay down the rules for the allocation of serial numbers, register their business premises and assign a code to them.

The information for each individual business premises must be reported to the tax authority and signed with a digital certificate for fiscal verification of invoices.

Fiscal cash registers

Invoicing is carried out using an appropriate computer programme or electronic device (fiscal cash register as software). There are several providers of such software on the market.

The process of invoice verification using an electronic device requires the use of a digital certificate for fiscal verification of invoices, which is issued free of charge by the Ministry of Public Administration. The application for obtaining a digital certificate is to be submitted via the eDavki portal (Application for obtaining or revoking a digital certificate for fiscal verification of invoices ).

Steps for the implementation of the fiscal verification of invoices procedure:

1. Obtaining a digital certificate for fiscal cash registers;
2. Making an inventory of business premises and adoption of an internal act;
3. Before issuing invoices for cash transactions, the tax authorities must be notified of all business premises where invoices are issued;
4. Invoicing with EOR (a unique identification invoice mark);
5. Implementation of the fiscal verification of invoices procedure (this also applies to taxable persons using pre-numbered receipt books);
6. Use of an electronic device – a device that allows electronic signature of invoice data and an electronic connection to exchange data with the tax authority.

Pre-numbered receipt book

The taxable person may also issue invoices using only pre-numbered receipt books. Pre-numbered receipt books are available in retail sale. Before they are used for the first time, pre-numbered receipt books must be approved by the Financial Administration of the Republic of Slovenia via the  eDavki portal.

If a taxable person uses a pre-numbered receipt book, they must send  details of the invoices issued using pre-numbered receipt books to the tax authority by electronic link by the 10th of each month.

Each invoice must contain a unique identification invoice mark (EOR). If an electronic device is used, the identification invoice mark is generated automatically by the device.

A pre-numbered receipt book and an electronic device for issuing invoices may not be used in the same premises.

If the use of a computer programme or an electronic device is not possible due to a malfunction of the computer programme or the device or due to a power failure, the taxable person must issue the invoices using the pre-numbered receipt book until the malfunction is rectified.

Legal basis

• Fiscal Validation of Receipts (ZDavPR)

Links

• Davčne blagajne in vezane knjige računov – FURS

A hospitality facility must clearly display at its entrance the company name and the registered office of the hospitality service provider, and the type and the name of the facility, while an accommodation facility must also display the category into which it is classified.

All inscriptions must be in the Slovenian language. In addition to Slovenian, pictograms or inscriptions in other languages may be used.

The entrance to the hospitality facility and the signs with inscriptions must be illuminated during night opening hours.

Legal basis

• Hospitality Industry Act (ZGos)
• Rules on minimal technical requirements and on the scope of services for hospitality operations
• Public Use of the Slovene Language Act (ZJRS)

Areas outside a hospitality facility are:

• the area intended and needed for the regular performance of hospitality activity in the hospitality facility, and
• other exterior areas intended for the performance of hospitality activity outside the hospitality facility and outdoors.

Outdoor areas directly connected to the hospitality facility (the garden of the hospitality facility etc.) must be appropriately reinforced (sanded, tiled etc.), arranged (rainwater drainage etc.) and fenced, or otherwise appropriately marked.

Hospitality facilities, room providers and tourist farms must ensure the supply of drinking water and the collection and treatment of wastewater.

1. Minimum space and service requirements for a restaurant

A restaurant offers:

• a wide choice of warm and cold dishes a la carte,
• lunch and dinner menus, and
• drinks and beverages.

Food and drinks are served  at the table.

A specialised restaurant offers a specific range of dishes (for example a fish restaurant, vegetarian restaurant, Chinese restaurant and so forth).

A restaurant must have:

A kitchen

A kitchen with adjoining storage and utility areas is one of the main food service operation areas. The kitchen is a place where food is prepared.

The design and layout must allow for good hygiene practices including protection from contamination between the various work processes.

Food business operators must also comply with the requirements for the premises of a food business establishment set out in Regulation (EC) No 852/2004.

In particular, a kitchen must meet the following criteria:

• floor surfaces must be intact and fitted with floor drains to allow effective cleaning and adequate drainage of liquids.
• wall surfaces must be protected to allow wet cleaning.
• ceilings and ceiling finishes must be well maintained.
• joinery (windows and doors) must be made of materials that can be effectively cleaned and disinfected.
• It is recommended that doors with automatic opening or swing doors be installed.

Premises for the storage and keeping of food (short-term storage) must have:

• adequate storage areas for each food group,
• natural and mechanical ventilation,
• protection against rodents and insects.

One or more dining rooms for guests

A dining room is a room where food and drinks are served and consumed.

In accordance with EC Regulation No 852/2004, a dining room must have clean table linen, table linen changed daily or after individual meals as needed, clean and undamaged crockery, glassware and cutlery, and the start and end of the meal service must be visibly marked at the entrance.

A bar, if drinks are served directly to guests over the counter

A bar is a space for dispensing beverages.

A bar must be connected to the dining room and separated from the food preparation area.

A bar has a counter for dispensing drinks and receiving glassware, a dishwasher for glassware or a double sink with a dish drainer and a refrigerator for cooling beverages.

Guest toilet

Serving premises:

• with up to 80 seats must have one women's toilet, one men's toilet and one urinal,
• with 81 to 150 seats must have two women's toilets, one men's toilet and two urinals in the case of a restaurant, and one women's toilet, one men's toilet and two urinals in the case of a tavern, buffet or bar,
• with more than 150 seats must have one additional women's and one additional men's toilet and one additional urinal for every additional 150 seats.

The toilet area must have a sink with running water, hand-washing and hand-wiping facilities and a waste bin.

These conditions do not apply to hospitality facilities in a building or on premises where there are shared toilets available to all visitors to the building or premises (event venues, shopping centres, public food markets and the like).

The toilet cubicle must have toilet paper, a coat hook, cleaning devices and, in the case of a women's toilet, a sanitary bin.

This condition does not apply to hospitality activity carried out in hospitality facilities or outside them, where the guest consumes food and drinks standing up or takes them away, or where food and drinks cannot be consumed (snack bars, mobile facilities, street sales and the like).

Cloakroom or coat racks for guests

Appropriate facilities for the employees

The Rules on the minimum technical requirements and on the range of services for the performance of hospitality activity no longer regulate this part in detail. However, it is necessary to follow the HACCP guidelines or have a system in place to provide suitable premises for employees that meet the requirements of Regulation (EC) No 852/2004 on the hygiene of foodstuffs.

Under Regulation (EC) No 852/2004 the premises for employees must meet in particular the following criteria:

• the premises are to be easy to clean and maintain,
• accumulation of dirt, condensation and growth of undesirable mould are to be prevented,
• an adequate number of lavatories are to be available which are not to open directly into rooms in which food is handled,
• an adequate number of washbasins is to be available, suitably located and designated for cleaning hands. Washbasins for cleaning hands are to be provided with hot and cold running water, agents for cleaning hands and means of hygienic hand-drying. Where necessary, the facilities for washing food are to be separate from the hand-washing facility. It is recommended that washbasins be labelled, for example, "Handwashing only",
• aerosols and odours from the sanitary facilities must be prevented from spreading to other parts of the food business establishment,
• effective ventilation should be provided in all areas of the food business establishment and adequate lighting should be provided in all areas,
• the number of lockers should correspond to the number of employees, depending on the needs of the activity or range of services of the establishment; it is recommended that lockers have two compartments and be made of materials that permit effective cleaning and separate storage of civilian and working clothes. To facilitate cleaning, they should be at least 15 cm above the floor.

A restaurant may also have:

a space for an entertainment programme (if there is live music for dancing)

(1) A hospitality facility that provides mechanical or live music for dancing, or offers an entertainment programme, must  have:

• a dance floor, marked as such and separated from the seats, and
• a place for performers.

In a hospitality facility the maximum number of visitors that the facility can host at one time (the capacity) must be displayed in a prominent place.

During the entertainment programme regular monitoring of the current number of guests in the hospitality facility must be ensured.

Legal basis

• Rules on minimal technical requirements and on the scope of services for hospitality operations

A hospitality service provider determines the opening hours of their hospitality facility independently in accordance  with their business interests.  If there are several units within a hospitality facility which operate their hospitality activity independently (e.g. a hotel restaurant), the hospitality facility registers the opening hours for each of these units separately.

A hospitality service provider or farmer determines the regular daily opening hours according to the type of their hospitality facility (farm) as follows:

• hospitality facilities offering accommodation to guests and the constituent units of such facilities (e.g. hotel restaurants) and farms with accommodation between 00:00 and 24:00;
• restaurants, inns, coffee shops and tourist farms between 06:00 a.m. and 02:00 the next day;
• pastry shops, snack bars, bars, wine shops and "osmice/osmizza" market taverns between 06:00 and 24:00;
• food preparation and food delivery facilities between 0:00 and 24:00 or according to orders;
• – hospitality facilities in casinos and gaming halls between 00:00 and 24:00, i.e. during their opening hours.

The opening hours of a hospitality facility in a multi-purpose building (shopping centre, business centre etc.) must be determined in advance in accordance with the criteria referred to in the previous paragraph and must not be contrary to the opening hours of the multi-purpose building determined on the basis of the written consent of the majority of the tenants and owners of the business premises.

Hospitality facilities which provide only food and drinks to their guests and which are located in residential premises or in buildings in a residential area and tourist farms in these areas may only operate between 6:00 and 22.00. This also applies to those units of hospitality facilities that offer accommodation and carry out their activities outdoors (gardens of hospitality facilities, hotel terraces, etc.).

When a hospitality facility or a farm carries out a hospitality activity outside the opening hours it is considered to be operating during extended opening hours. The hospitality service provider or farmer may operate during extended opening hours if they obtain written permission from a municipal body responsible for hospitality activity.

The hospitality service provider must notify the municipal body responsible for hospitality activity of its opening hours schedule 15 days before:

• the beginning of the new calendar year for the following calendar year (if there is a change in the basic data of the hospitality facility or farm),
• the start of operations,
• changing their opening hours.

The opening hours are to be declared on the form for declaring the opening hours of a hospitality facility (farm) which forms an annex to the Rules on criteria determining the opening hours of hospitality facilities and farms in which hospitality activity is performed, (Official Gazette of the Republic of Slovenia [Uradni list RS], Nos. 78/99 , 107/00 , 30/06 , 93/07  and 16/21 ).

The municipal authority responsible for hospitality activity validates the application and returns the validated form to the hospitality service provider or farmer within 15 days, keeping one copy for its records and forwarding the other copy to the regional unit of the competent market inspectorate authority.

Opening hours must be displayed in a prominent position at the entrance to the hospitality facility or farm. A notice of temporary closure of the hospitality facility must be displayed in the same way (at least seven days before the planned closure). The hospitality service provider must keep the approved opening hours timetable in the hospitality facility so that it is accessible to the inspection authority. 

In the areas where the indigenous Italian or Hungarian national communities live, the opening hours of businesses must be displayed in Slovenian and in the language of the respective national community.

Evidence

The timetable of opening hours approved by the municipal authority responsible for hospitality activity to be kept by the hospitality service provider in the hospitality facility so that it is accessible to the inspection authority.

Legal basis

• Hospitality Industry Act (ZGos)
• Rules on criteria for determining opening hours of hotels and restaurants and farms at which the activity of hotels and restaurants is carried out
• Decree on the use of minority language of companies in communication with consumers in areas populated from Italian and Hungarian minority

The prices of services offered to consumers must be indicated in accordance with Article 14 of the Consumer Protection Act (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 130/22) and the Rules on the manner of indicating the prices of goods, digital content and services and the publication of reduced prices of goods (Official Gazette of the Republic of Slovenia [Uradni list RS], No. 10/23).

Companies must visibly indicate the prices, which shall include value added tax if the company is registered for value added tax for the services they offer to consumers. The prices of services shall be indicated in euros. If in addition to the price in euros the price is also indicated in a currency other than euro, the sign EUR must be added to the amount in euros. Companies shall honour the indicated prices. With regard to offers related to information society services, in addition to the price, it must be clearly and unambiguously stated whether the price includes the costs of delivery.

The prices for all services must be indicated as prices in the form of a price list. The prices of services must be indicated in a clear, easily identifiable and legible manner in a place that is visible and accessible to the consumer.

For services where prices cannot be indicated as prices for a type of service, the price of the service may be indicated in one of the following ways:

• as the price of a working hour for the provision of a specific service on the business premises of the service provider;
• as the price of a working hour for the provision of a specific service on site;
• as the price of all the costs of providing a specific service;
• as the price of the service converted into a unit of measurement;
• as the price of a service which is unambiguously defined in another way and which is commonly used for the provision of specific services.

The price of the service is unambiguously indicated if it cannot be replaced by the price of another service in the immediate vicinity.

The price of a service is indicated legibly on business premises if the height of the letters and figures on the price list for services is at least 5 mm.

The price of a service must be easily accessible to a consumer and must be displayed in a prominent location on the business premises where the service is offered to the consumer.

The price of a service is considered to be visibly indicated if the price list is displayed on the wall of the business premises or in the part of the premises where consumers are present.  

Food containing alcohol must clearly indicate on the packaging the alcohol content and a warning that the food is not suitable for children. 

It is prohibited to sell and offer alcoholic beverages and beverages to which alcoholic beverages have been added:

• to persons under 18 years of age;
• to persons who may reasonably be expected to supply them to persons under 18 years of age;
• to persons who exhibit clear signs of intoxication;
• to persons who may reasonably be expected to supply them to persons exhibiting clear signs of intoxication;
• from automatic self-service machines.

The seller or provider may ask any person they believe to be under 18 years of age to prove their age by producing an identity card or other official document. If the person refuses to do so, the alcoholic beverage may not be sold or offered.

The sale of alcoholic beverages is prohibited between 9 p.m. and 7 a.m. of the next day, except in hospitality facilities where the sale of alcoholic beverages is permitted until the end of their opening hours. The sale of spirits in hospitality facilities is prohibited from the start of opening hours until 10 a.m. The prohibition of sale also includes the addition of spirits to non-alcoholic drinks and other beverages.

The prohibition of sale of alcoholic beverages and the time constraint on the sale of alcoholic beverages must be displayed in a prominent location on all premises where alcoholic beverages are sold.

The sale and offer of alcoholic beverages is prohibited:

• in buildings and adjacent areas where education and healthcare activities are performed;
• in sports facilities where sporting events take place, one hour before the sporting event and during the event, and
• during working hours at a workplace.

Sellers of alcoholic beverages must sell at least two different types of non-alcoholic drinks of the same price or cheaper than the cheapest alcoholic beverage.

Legal basis

• Restrictions on the Use of Alcohol Act (ZOPA)

It is prohibited to manufacture and sell cigarettes whose packaging does not state the milligrams of tar, nicotine and carbon monoxide contained in each cigarette. This information must cover at least 10% of the surface area on the side of the packaging.

It is prohibited to sell tobacco products:

• to persons under 18 years of age. Persons under 18 years of age must also not sell tobacco products;
• from vending machines;
• individual cigarettes or tobacco products outside the manufacturer's original packaging;
• tobacco for oral use.

The prohibition on the sale of tobacco products to persons under 18 years of age must be displayed in a prominent location.

The seller may ask any person purchasing tobacco products who they believe to be under 18 years of age to prove their age by producing an official document. If the purchaser refuses to do so, the tobacco products cannot be sold to them.

Smoking is prohibited in all closed public areas and workplaces  and adjacent areas where education activities are performed.

Smoking is allowed:

• in places specially designated for smokers at accommodation facilities and other accommodation providers;
• in homes for the elderly and prisons in areas not intended for common use, provided that only smokers reside therein;
• in areas specially designated for smokers in psychiatric hospitals and in areas specially designated for smokers at other healthcare facilities that provide medical treatment for mental health patients;
• in smoking rooms.

Smoking rooms are not allowed in places where healthcare and educational activities are carried out.

A smoking room shall meet the following conditions:

• the room must be arranged in such a way that smoke-contaminated air cannot flow from it into another room;
• the room must not provide access to other rooms and must not exceed 20 percent of the total area of the public place and/or workplace;
• the room must be intended for smoking only; no food and drink may be served in the room;
• no food or drink may be brought into the room.

Legal basis

• Restriction on the Use of Tobacco Products and Related Products Act (ZOUTPI)
• Rules on the requirements to be met by smoking rooms

The field of safety and health at work is defined by the principles, rules and activities that must enable an individual (worker) to pursue a successful career with full efficiency and without harm to health from the first day at work to the end of their working life.

In terms of content and scope the definition of health and safety at work covers the rights and duties of employers and employees to ensure, in accordance with the law and other regulations and by defining and considering protection measures to combat or prevent risk and harm at work, the level of safety and health at work appropriate to the nature of work that provides workers with the highest possible level of health, psychological and physical safety.

At the same time, the employer must adjust their measures for managing safety and health at work to changed conditions and permanently improve the existing situation or the level of safety and health at work. More

Evidence

An example of safety statement with risk assessment

Legal basis

• Occupational Health and Safety Act (ZVZD-1)
• Hospitality Industry Act (ZGos)
• Rules on the reports in the field of safety at work
• Rules on regular updating of skills and training in the field of safety and health at work

Food yield rate is the yield per kilogram (kg) that is considered normal in the hospitality industry and is inextricably linked to food processing and meal preparation. Mechanical and thermal processing of industrial products and semi-finished products for the preparation of food is not covered by these Rules.

In the hospitality industry, the loss of goods is also the result of damage caused by washing (sheets, towels, tablecloths, overlays, napkins etc.), removal by guests (newspapers, drinks in room minibars etc.) or because the guests do not admit to having consumed specific products.

Breakage of or damage to glassware, bottles, jugs, plates etc. is considered breakage. Loss of cutlery (spoons, forks, knives and small spoons) is considered damage. Loss of goods is the disappearance of specific items in the hospitality industry for which the person responsible cannot be identified.

Beverage loss is considered to be the result of customer complaints about beverages that have gone bad (e.g. strong acidity, undesirable fermentation or unpleasant odour).

The maximum amount of food processing waste expressed as a percentage (%) of the gross quantity of unprepared food, is permitted at the following rates for each food product, beverage or small item and is available here: http://www.pisrs.si/Pis.web/pregledPredpisa?id=PRAV9351 .

Legal basis

• Rules on food spoilage, which is inextricably linked to the process of processing food and preparing meals
• Rules on the rates of normal write-off of goods (callous, spillage, breakage, damage)

Food safety requirements:

Safe food is food that, when used as intended, does not present a risk to the health of the consumer. Unsafe food must not be placed on the market. Food is unsafe if it causes harm to health or is unfit for human consumption.

Food is safe if it is:

• produced, processed and placed on the market in accordance with the principles of food hygiene,
• traceable,
• correctly labelled,
• presented in a way that does not mislead the consumer.

Food is safe if it does not contain:

• biological risk factors (pathogenic bacteria, parasites, viruses), 
• chemical risk factors (allergens, pesticide residues, heavy metals, drugs, detergents, unapproved additives and other toxic substances) and  
• physical risk factors (mechanical factors – solid particles, such as pebbles, bones, wood, soil, glass, plastics etc.).

When considering whether or not a food product is safe, the following should be taken into account:

• the normal conditions of use of a food product by the consumer and at each stage of production, processing and distribution, and
• the information provided to the consumer, including information on the label or other information generally available to the consumer concerning the prevention of specific adverse impacts of a particular food or food group on human health.

When considering whether or not a food product is harmful to health, the following should be taken into account:

• the likely immediate and/or short-term and/or long-term effects of a food product on the health of a person consuming the food product and on the health of future generations;
• likely cumulative toxic effects,
• the particular health sensitivities of specific categories of consumers, where the food is intended for that group.

Food safety assurance 

The safety and health compliance of food requires an integrated approach where the fact that food supply is linked to the food chain from farm to fork is taken into account.  It is important that each part of the chain is defined, monitored and managed. Food is and will only be safe if everyone involved in the food chain understands and fulfils their responsibilities.

Food safety is the responsibility of: 

• food business operators who are directly involved in the food chain and who are obliged to put in place a system to ensure food safety within their business at all times,
• the State, which is obliged to provide regulations and a system of official inspections,
• the consumer, who is the last link in the food chain in terms of the final preparation of food in the home kitchen.

Key obligations of food business operators:  

• Safety: Food business operators must not place unsafe food on the market;
• Responsibility: Food business operators are responsible for the safety of the food they produce, transport, store and sell.
• Traceability: Food business operators must be able to quickly identify any supplier or recipient.
• Transparency: Food business operators must inform the competent authorities if they have reasons to believe that their food is not compliant and/or poses a risk to human health.
• Emergency measures: Food business operators must withdraw food from the market immediately if there is a reason to suspect that their food presents a risk to human health.
• Prevention: Food business operators must identify and regularly check the critical points in their processes and ensure that these points are controlled.
• Cooperation: Food business operators must cooperate with the competent authorities in risk reduction procedures.

Duties of a food business operator 

The primary responsibility for producing safe and good quality food lies with food business operators. They are required to put in place an internal control system to ensure food safety in their business at all times.  In accordance with the legislation, internal control must be based on the HACCP system.  

Food business operators must register with the Administration of the Republic of Slovenia for Food Safety, Veterinary Sector and Plant Protection any establishment in which they carry out any activity related to food, with the exception of food supplements or food for specific categories of consumers, no later than 15 days before the start of the activity. In the case of food business establishments producing food supplements or food for specific categories of consumers, the food business establishment must be registered with the Health Inspectorate of the Republic of Slovenia. 

Food business operators register their food business establishments by submitting an application for registration of the establishment by post or in person to the competent regional office of the Administration of the Republic of Slovenia for Food Safety, Veterinary Sector and Plant Protection. The application, further information and contact details of the regional offices are available at the following link:https://www.gov.si/zbirke/storitve/vloga-za-registracijo-zivilskega-obrata/ .

Food business operators are obliged to inform the Administration of the Republic of Slovenia for Food Safety, Veterinary Sector and Plant Protection of any changes no later than 15 days after the change has occurred or the activity has ceased.

Labelling of substances that cause allergies or intolerances

Consumers must be provided with information on allergens in foods sold by mass caterers; allergens must be indicated in at least one of the places where the choice of dishes is presented (e.g. menu, menu boards, display etc.). Information on allergens must be displayed in a prominent place in such a way as to be easily visible, clearly legible and indelible. The labelling must also include the word "contains" followed by the name of the allergen.

Beverages must also be labelled with information on allergens (even in establishments where only beverages are served).

Withdrawal and recall of food

Food business operators must notify the Administration of the Republic of Slovenia for Food Safety, Veterinary Sector and Plant Protection on a withdrawal or recall of all foodstuffs, with the exception of food supplements and foodstuffs for specific categories of consumers, where the notification authority is the Health Inspectorate of the Republic of Slovenia.

The competent office of the Administration of the Republic of Slovenia for Food Safety, Veterinary Sector and Plant Protection (UVHVVR) is to be notified by phone, fax or via e-mail (contact details of regional offices of the UVHVVR ) and to the e-mail address rasff.si@gov.si.

Food business operators must inform consumers of the withdrawal or recall of food in such a way that the information reaches them.  The content of the recall is defined in Annex 1 to the Decree on the implementation of certain EC Regulations concerning foodstuffs, hygiene of foodstuffs and official control of foodstuffs (Official Gazette of the Republic of Slovenia [Uradni list RS], Nos. 72/2010 and 129/20).

More information on ensuring food safety can be found at the following link. 

More information on additives, enzymes, flavourings and extraction solvents can be found at the following link .

Legal basis

• Decree on the implementation of certain Regulations (EC) concerning foodstuffs, hygiene of foodstuffs and official control of foodstuffs
• Act Regulating the Sanitary Suitability of Foodstuff, Products and Materials Coming into Contact with Foodstuffs (ZZUZIS)
• Hospitality Industry Act (ZGos)
• Rules on the registration and approval of food-processing establishments
• Rules determining small quantities of food, conditions for their production and providing for certain derogations for establishments for food of animal origin
• Rules setting out the health requirements to be met by workers coming in contact with foodstuffs
• Act Amending Certain Acts in the Field of Health (ZdZPZ)
• Rules on the safety of quick-frozen foodstuffs
• Rules on official temperature control of fast frozen food
• Regulation of the European Parliament and the Council (EC) no. 852/2004 of 29 April 2004 on food hygiene (2004/852)
• Commission Regulation (EC) No 37/2005 (2005/37)
• Decree implementing the Regulation (EU) on the provision of food information to consumers

Links

• Safe food
• Additives, enzymes and flavors and extraction solvents

Biodegradable kitchen waste and green garden waste

Kitchen waste is generated by households and the hospitality industry. A specific regulation requires kitchen waste to be handed over to or have it removed by a registered waste collector.

In the hospitality industry, a person or company that generates kitchen waste in the course of their hospitality activity may be designated as a producer of kitchen waste from the hospitality industry, but the same person or company may also be designated as a producer of household kitchen waste (subject to certain conditions).

A producer of kitchen waste from the hospitality industry is a person that operates a kitchen where 20 or more meals are prepared per day on an annual average.

 The designation of producer of kitchen waste from the hospitality industry also applies to a person that operates:

• a kitchen in which fewer than 20 meals are prepared per day on an annual average,
• premises where fewer than 10 meals per day are distributed on an annual average,
• premises where meals delivered by a producer of kitchen waste from the hospitality industry are distributed.

A producer of kitchen waste from the hospitality industry, irrespective of the place of distribution, must ensure that all kitchen waste generated during the preparation of food, and leftovers from meals consumed at the place of distribution, are collected separately from other waste and, before being handed over to a registered waste collector, are temporarily stored in a container or receptacle intended for this purpose, in accordance with the regulations governing the hygiene of foodstuffs.

If the meals are not distributed at the place where they are prepared, the producer of kitchen waste from the hospitality industry must hand over the container or receptacle to the person that ordered the meals and agree with them on a time for collection of the kitchen waste, which must take place no later than the same day on which the next meals are delivered. The person ordering the meals must allow the producer of waste from the hospitality industry to collect the kitchen waste at the time agreed for collection.

The producer of kitchen waste from the hospitality industry must ensure that the containers or receptacles with kitchen waste are transported separately from the meals to be delivered.

The producer of kitchen waste from the hospitality industry does not have to comply with the obligation to collect kitchen waste if they supply fewer than 10 meals per day on a regular basis or if they supply meals on an irregular basis and the number of meals per supply does not exceed 50.

The producer of kitchen waste from the hospitality industry must:

• hand over the kitchen waste to a registered waste collector,
• appoint a responsible person to hand over the kitchen waste to a registered waste collector on their behalf, and
• keep records of the amount of kitchen waste generated from the hospitality industry.

Prohibitions

Kitchen waste from the hospitality industry must not be mixed with mixed municipal waste and other separately collected fractions of waste, including green garden waste.

Kitchen waste may not be cut, crushed or ground and diluted with the intention of discharging it with waste water into the public sewerage system, septic tanks, cesspits or directly into watercourses.

Waste cooking oils and fats

Waste cooking oils and fats are generated in households and in the hospitality industry. A specific regulation requires waste cooking oils and fats to be handed over to or have it removed by a registered waste collector.

A producer of waste cooking oils and fats from the hospitality industry is a food business operator that operates a kitchen where 20 or more meals are prepared per day on an annual average.

A producer of waste cooking oils and fats from the hospitality industry must ensure that all waste cooking oils and fats generated during the preparation of food are collected separately from other waste and, before being handed over to a registered waste collector, are temporarily stored in receptacles or containers intended for this purpose, in accordance with the regulations governing the hygiene of foodstuffs.

A producer of waste cooking oils and fats from the hospitality industry must prepare a waste cooking oil and fat management plan  if they generate a total of more than 150 tonnes of waste containing waste cooking oils and fats in a calendar year as a result of their activities.

Prohibitions

Waste cooking oils and fats may not be mixed with other waste or be left for collection by a public service provider together with mixed municipal waste.

Waste cooking oils and fats may not be discharged into the public sewerage system, small urban wastewater treatment plants, septic tanks, cesspits or directly into watercourses and discharged into or onto the ground.

Waste cooking oils and fats may not be mixed with biodegradable waste intended for aerobic degradation, such as composting.

Waste cooking oils and fats handed over to a public service provider in a collection centre where fractions of municipal waste are collected separately, may not be mixed with other separately collected fractions of municipal waste and must be collected in receptacles or containers intended for such purpose.

NEW

From 1 January 2024, for all types of waste, including non-hazardous waste, a copy of the record lists will have to be provided to the transport operator by the waste producer or waste collector if the latter is authorised by the waste producer.

Legal basis

• Decree on waste
• Decree on the management of waste edible oils and fats
• Decree on biodegradable kitchen waste and garden waste management

The report on waste generation and waste management (ODP-nastajanje) for the previous year must be submitted by the original producers of waste by 31 March of the current calendar year.

Check whether you are obliged to submit a report on waste generation and waste management here.

The original producer of waste is any legal or natural person whose activities result in the generation of waste. Original producers of waste are, for example, commercial companies, entrepreneurs, craftsmen, co-operatives, institutions, agricultural holdings, traders, hospitality service providers, agencies, kindergartens, schools, faculties, state institutions, local communities, self-employed persons, households (individuals) and others whose activities result in the generation of waste.

Details

Returnable packaging is packaging that is used numerous times in the packaging life cycle.

By type of raw material, returnable package is divided into:

• glass,
• plastic,
• wood,
• metal and

The participants in the packaging life cycle are:

• suppliers (subcontractors, importers, persons who place the packaging on the market in Slovenia for the first time) of returnable packaging who use their own standardised and typified returnable packaging;
• users: wholesalers, retailers and large consumers (accommodation facilities, hospitality facilities, schools, hospitals, industry etc.);
• end users.

Due to the multifaceted nature of packaging it is important that all participants in the packaging life cycle comply with the rules on the collection and return of returnable packaging.

As a general rule, users of packaging must return only their typical, undamaged and reusable packaging to the suppliers.

As a general rule, users return packaging  at each next delivery or at least every 30 days. The collection of packaging is organised by the supplier of goods or the user who delivers the goods in returnable packaging.

When selling goods to the end user, users charge a deposit on the returnable packaging, including VAT, if the end user fails to return the empty packaging.

The invoice issued by the users to the end users shows the deposit paid for the packaging.  Users may only accept undamaged and usable packaging from end users, who are refunded the deposit value of the returnable packaging, including VAT.

The price list for the deposit on returnable packaging must be displayed in a prominent location in each shop, accommodation facility, hospitality facility or any other facility intended for consumers.  In this way, the consumer is informed about the types of returnable packaging and their deposit values, including VAT.

The price list indicates the types of returnable packaging and their deposit values. The inclusion of returnable packaging in the price list with the corresponding deposit value is proposed by the supplier of the goods and the decision is taken by the Packaging Commission which operates at the Slovenian Chamber of Commerce.

Returnable packaging that is not included in the price list of such packaging is not considered returnable packaging under these rules and is subject to mutual contracts between suppliers and users.

Legal basis

• Rules for returning and collecting returnable packaging

A hospitality facility that provides additional facilities for children on its premises or outdoor areas in the form of playground equipment, must comply with and take into account the requirements for such playground equipment to be safe and to meet the prescribed standards.

The SIST-EN 1177 Standard requires a safe surface underneath playground equipment where children play at a height of more than 600 mm and underneath all playground equipment with a swing force, such as swings, merry-go-rounds and slides, regardless of their height.

A well-maintained grass or turf surface is only acceptable when a child cannot fall from a height of more than 1 metre.

For playground equipment, with the exception of suspended swings and certain types of swings with a fall height of less than 1.5 m, the safe surface must be provided at a distance of approximately 1.5 m around the playground equipment, taking into account the farthest point the playground equipment reaches when swinging – i.e. a further 1.5 m from this point.

For playground equipment where the fall height exceeds 1.5 m, the following formula should be used to calculate the area of the safe surface:

11 x = 2/3 y + 0.5 m (x = width of the safe surface, y = maximum fall height). The surface around the playground equipment must cover an area at least as large as the result of the calculation.

Before the children's playground is opened, the playground area and equipment must be fully inspected to ensure that they are safe and that quality installation has been carried out.
 It is best if the playground equipment is inspected by an expert or a suitably qualified independent body (e.g. an accredited authority).

The types of inspections of children's playgrounds defined in the standard are:

Periodic inspection – visual (routine inspection)

During this inspection, the general condition of the playground equipment is checked, in particular for damage as a result of vandalism. The inspection may be carried out by the playground manager or an appointed person who is registered in the playground log book or another document.  It is recommended that the supplier of the equipment prepare a requirements checklist for such inspections. The frequency of inspections depends on how often the playground is used, but it should be at least once a week.  However, kindergarten playgrounds must be checked every day.

Functional inspection

During this inspection, playground equipment is inspected in detail, with particular attention to wear and tear. The inspection may be carried out by the playground manager or another person designated by the manager.  The findings of the inspection should be recorded in the playground maintenance records. This inspection should be carried out at intervals of one to three months.

Annual general inspection

The inspection is to be carried out by an expert body that is independent of the owner or manager of the playground. During the inspection the wear and tear of the playground equipment, the condition of the foundations and the surface and the safety of the equipment, in particular the compliance with the required standards, are to be checked.  The body carrying out the annual inspection of the playground must be suitably qualified and credible.

The owner or manager of the playground must have a well-developed inspection and maintenance programme based on the recommendations of the playground equipment manufacturer (regular maintenance) and the results of regular and extraordinary inspections (extraordinary or intervention inspections). A record of all maintenance work must be kept and signed by the person responsible for the maintenance service.

General safety requirements:

• Playground equipment with more than one function (e.g. swinging and rotating) must be inspected with regard to the specific requirements defined for these functions of the playground equipment.
• The size of the playground equipment and the level of difficulty of playing with it must be adapted to the age of the users for whom the equipment is intended.   The risk that a particular piece of equipment may present must be obvious.
• Water (rain) must not accumulate on playground equipment unless the equipment is designed for this purpose.
• The playground equipment must be accessible to adults.
• Closed playground equipment (such as tunnels) with a length of more than two metres must always have two openings to allow exiting.
• It is recommended that an information board be placed at the playground with the address of the playground, the name of the person responsible for the maintenance of the playground and the emergency number.
• In the case of playground equipment that is fixed in the ground, the manufacturer must affix a visible label marking the ground level, i.e. the height at which the equipment provides the required stability when fixed in the ground. This label also provides useful information on how to properly maintain the surface made of bulk material and how to check that the playground equipment is still properly installed after a specific period of use.
• Each piece of playground equipment should be marked with the name and address of the manufacturer or their authorised representative, the serial number allowing individual identification (plate with data and year of manufacture) and the number and date of the standard to which it conforms (EN 1176-1: 2018).

Other requirements for playground equipment:

• protection against getting stuck and against impacts
• protection against falls,
• protection against collision,
• protection against poor workmanship or faulty construction.

Legal basis

• General Product Safety Act (ZSVP-1)

Links

• Priročnik za skrbnike in lastnike otroških igrišč

A sole trader or a legal entity that sells tobacco, tobacco products and related products must obtain a licence for the sale of such products for individual business premises where invoices for the supply of tobacco, tobacco products or related products are issued permanently, occasionally or temporarily. The application may only be submitted in electronic form via the SPOT portal.

Definition of individual products

The products for which a sales licence is required are defined in Article 3 of the Restriction on the Use of Tobacco Products and Related Products Act (Official Gazette of the Republic of Slovenia [Uradni list RS], Nos 9/17 and 29/17):

Tobacco means leaves and other natural processed or unprocessed parts of tobacco plants, including expanded and reconstituted tobacco:

• Pipe tobacco means tobacco that can be consumed via a combustion process and is exclusively intended for use in a pipe.
• Hand rolling tobacco means cut rag tobacco, which is further defined in paragraph three of Article 84 of the Excise Duty Act.

1. Tobacco products means products that can be consumed and that consist, even partly, of tobacco, whether genetically modified or not.

• Nasal tobacco means a smokeless tobacco product that can be consumed via the nose.
• Waterpipe tobacco means a tobacco product that can be consumed via a waterpipe. For the purpose of this Act, waterpipe tobacco is deemed to be a tobacco product for smoking. If a product can be used for smoking via a water pipe and as hand rolling tobacco, it is deemed to be hand rolling tobacco.
• Chewing tobacco means a smokeless tobacco product which is exclusively intended for the purpose of chewing. Smokeless tobacco product means a tobacco product which does not involve a combustion process, including chewing tobacco, nasal tobacco and tobacco for oral use.

Related products means electronic cigarettes and nicotine-free electronic cigarettes, herbal products for smoking and novel tobacco products.

• Herbal product for smoking means a product based on plants, herbs or fruits that does not contain tobacco and can be consumed via a combustion process.
• Electronic cigarette means a product that can be used to inhale nicotine-containing vapour via a mouthpiece, or any component of that product, including a cartridge, a tank and a device without a cartridge or tank. Electronic cigarettes may be disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges.  Refill container means a receptacle that contains a nicotine-containing liquid, which can be used to refill an electronic cigarette.

Novel tobacco product means a tobacco product which does not fall into any of the following categories:

• cigarettes, hand rolling tobacco, pipe tobacco, waterpipe tobacco, cigars, cigarillos, chewing tobacco, nasal tobacco or tobacco for oral use; and
• has been placed on the market after 19 May 2014.

Details

Legal basis

• Rules on minimal technical requirements and on the scope of services for hospitality operations
• Hospitality Industry Act (ZGos)
• Consumer Protection Act (ZVPot)