Informative Notice
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Retail of plant protection products
The trade in plant protection products (PPP) may be conducted by distributors which have a permit to conduct the retail of PPS and are entered in the register kept by the by a competent authority and fulfil other prescribed conditions.
Only those plant protection products may be placed on the market and used in the Republic of Slovenia which have:
- a decision on the registration or
- a permit in emergencies or
- a parallel trade permit or
- a research and development permit.
To pursue the trade activity, a retailer must manage data on merchandise, suitably determine opening hours, meet the minimum technical and spatial conditions, and employ at least one commercial manager and one salesperson.
During the sale period, a retailer must provide a mandatory presence of a salesperson and advisor in the field of PPP, keep records and adhere to the prohibition of selling PPP to persons without an adequate training and observe the prohibition of selling very toxic PPP.
In pursuing the activity, the trader must provide a regular verification of measurements – scales used to charge his services.
Applies for SKD:
- Retail sale of gardening material, pet animals and pet food in specialised stores G47.762
Conditions
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By acquiring the permit, a distributor may pursue the retail trade in plant protection products. The permit is applicable in the Republic of Slovenia.
A distributor sends a written application for the acquisition of the retail trade in PPP with the competent authority.
If the competent authority established that all prescribed conditions are fulfilled, it issues the permit for the retail trade in PPP and ex officio enters the holder of the permit in the register of distributors.
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A PPP seller must be present in the specialised store during the whole time of PPP sale and must: provide purchasers of PPP adequate information related to the application of PPP and health hazards for people and environment and give instructions for managing these hazards and take care of purchase, storage and sale of PPP and keep data on the PPP trade.
Legal basis
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A PPP adviser must be present in specialised stores for at least 6 hours per week according to the predetermined schedule and the purchaser must be notified about this through the notification placed at the visible spot in the store.
A person responsible for specialised stores must notify the locally competent phytosanitary inspector in writing or via an e-mail on all changes related to the presence of the PPP advisor in the specialised store.
A PPP advisor may be present for a shorter period during the period of decreased demand for PPP, about which the purchasers must be notified with the notification placed at the visible spot in the store. A locally competent phytosanitary inspector must be notified in writing or via an e-mail about the shortened presence of the PPP advisor. A period of shorter presence must not be longer than three months per year in total.
Legal basis
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PPP permitted for professional use may by purchased in the specialised PPP stores and used only by persons who have a card on the passed training for PPP management as per the Plant Protection Products Act (ZFfS-1)
The card is not required for the purchase and use of PPP which are allowed for the unprofessional use.
For the purposes of verifying the identity of the purchaser of PPP for professional use, the PPP seller may require to check an official identification document of the purchaser.
Legal basis
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It is prohibited to retail and apply PPP which are classified as extremely toxic in terms of their hazardous characteristics according to the regulations governing the classification of chemicals. The sale of extremely toxic PPP is permitted only upon preliminary order of the users of PPP for professional use which are required for the implementation of the activity of disinsection and deratisation according to regulations governing the activity of disinfection, disinsection and deratisation.
Legal basis
- Plant Protection Products Act (ZFfS-1)
- Rules on conditions for marketing of plant protection products and the keeping and communication of data on such marketing
- REGULATION (EC) No 1272/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (E (2008/1272)
- REGULATION (EC) No 1272/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (E (2008/1272)
- COMMISSION REGULATION (EU) No 286/2011 of 10 March 2011 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packag (2011/286)
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Plant protection plants which are not registered are not advertised. In every instance of advertising of the plant protection product, two sentences are included, namely: 'The plant protection product should be safely used. You should read the label and information about the product before use'. Both sentences must be legible and clearly separated from the whole advertisement, The term 'plant protection products' may be substituted with a more detailed description of the type of product, such as fungicide, insecticide or herbicide. The advertisement shall not include information in a text or graphic form which should be misleading in regard to potential health hazards for people, animals or environment, such as the terms "'low hazard', 'non-toxic' or 'harmless'. The term 'registered as a plant protection product with low hazard' is allowed in advertising only in the case of plant protection products with low hazard. The term must not be used on the label of a plant protection product. As per the legislation of the European Community, the Member State may prohibit or restrict the advertising of plant protection products in some public media. All statements used in advertising are technically substantiated. Advertisements do not include displays of potential dangerous procedures, such as mixing or use without a proper protective clothes, use in the vicinity of food or use by children or in their vicinity. The advertisement or promotion material draws attention to appropriate warning statements and symbols stated on the label.
Legal basis
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An applicant who wants to trade in PPP requests for the registration by himself or through a representative in each individual Member State where he plans to trade in PPP.
The competent authority decides on the registration of PPP on the basis of the consent of the authority competent for chemicals.
The request must include the following information:
- list of the foreseen use in each zone and Member States where the applicant lodged or intends to lodge a request;
- a proposal which Member State should assess the request for the respective zone. In the case of the request for the use in greenhouses, treatment after the harvesting, treatment of empty warehouses and treatment of seeds, only one Member state is proposed to assess the application taking into account all suitable zones,
- copies of all registrations already issued for this respective PPP in the Member State; and
- if appropriate, the copies of all resolutions of Member States assessing the equivalence.
Upon submitting a request, the applicant may demand that some information and some parts of documentation remain confidential and physically separates this information.
An application for the registration must be drawn up in the Slovenian language, whereas the documentation attached to the application may be in the Slovenian, English or German language or exceptionally also in other official language of the European Union, if the competent authority consents.
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A parallel trade permit is issued for a plant protection product which is already registered in one Member State (Member State of origin) and is identical to the reference product already registered in the Republic of Slovenia.
The competent authority decides on the parallel trade permit.
The same conditions of use, permit validity and potential restrictions apply for the trade and use of PPP, for which the parallel trade permit was issued, as stated in the registration of the reference product.
An applicant lodges an application with the competent authority on a form with mandatory attachments.
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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
Administrator of Legislation
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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
Administrator of Legislation
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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
Administrator of Legislation
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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
Administrator of Legislation
Competent Authority
Metrology Institute of the Republic of Slovenia
Tkalska ulica 15
3000 Celje