Retail of plant protection products for unprofessional use

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

The sale of PPP for unprofessional use may be conducted by other stores with exclusively non-food goods, if they are entered in the register of PPP distributors.

To be entered in the register of distributors, the stores lodge a written application with the competent authority. An application must include at least the following data:

• personal name or company,
• address or head office and location of the trade in PPP,
• tax ID number,
• type of activity.

The competent authority enters other stores with exclusively non-food goods in the register of PPP distributors.

In 15 days after the termination of the trade in PPP, the distributor from the preceding paragraph must notify the Administration about the termination and the Administration deletes him from the register of distributors.

In pursuing the trade with PPP, other retail stores with exclusively non-food goods must provide general information on the health hazards of PPP use for people and environment.

Details

In pursuing the trade with PPP, stores with exclusively non-food goods also selling plant protection products (PPP) must provide general information on the health hazards of PPP use for people and environment. General information on the health hazards in PPP use for people and environment is provided by the Administration of the Republic of Slovenia for Food Safety, Veterinary Sector and Plant Protection in the form of flyers and brochures such as: Application of PPP and integrated plant protection, Protection of bees, PPP residues, PPP packaging and waste, Water protection areas.

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

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

• REGULATION (EC) No 1107/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (2009/1107)

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.

Details

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.

Details

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

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)

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