Last updated: April 22, 2024

Sales Restrictions

Sale of single cigarettes/sticks

Allowed
Analysis

Although the law requires that a unit packet of cigarettes shall include at least 20 sticks, the law does not affirmatively prohibit retailers from selling single cigarette sticks. Therefore, the law is interpreted as allowing the sale of single cigarettes.

To align with FCTC Art. 16, the law should affirmatively prohibit the sale of single cigarettes as this increases the affordability of cigarettes to minors.

Sale of tobacco products via vending machines

Some Restrictions
Analysis

The law allows the sale of tobacco products via vending machine. However, tobacco vending machines must be kept under supervision and the person responsible for the premises must ensure that no person under the age of 18 buys tobacco from the machine.

The law aligns with FCTC Art. 16 in that it prohibits vending machine sales to minors. To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all vending machine sales of tobacco products as such sales are an inherent form of tobacco advertising and promotion.

Sale of tobacco products via the internet

Some Restrictions
Analysis

Cross-border distance sales to consumers located in Malta are prohibited. Retailers located in Malta may not engage in cross-border distance sales to consumers in EU member states where such sales are prohibited. Retailers located in Malta selling to other EU member states must register with the Superintendent of Public Health and operate an age verification system.

The domestic sale of tobacco products via the internet is not addressed in the law, and therefore is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit internet tobacco product sales, both domestically and internationally, regardless of age, as internet sales are an inherent form of tobacco advertising and promotion.

Sale of smokeless tobacco products

Banned
Analysis

The law prohibits the sale of smokeless tobacco products.

Sale of waterpipe tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.

Location-based Sales Restrictions

Schools/educational facilities

Banned
Analysis

The law prohibits the sale of tobacco products in school grounds, colleges, and other educational institutions.

Playgrounds

Uncertain
Analysis

The law prohibits the sale of tobacco products in sports and athletic facilities, which may be interpreted to include playgrounds. However, the law is not clear in this respect. Therefore, the regulatory status code “Uncertain” is given.

Stadiums/arenas

Banned
Analysis

The law prohibits the sale of tobacco products in sports or athletic facilities. This is interpreted to include stadiums and arenas.

Healthcare facilities

Banned
Analysis

The law prohibits the sale of tobacco products in hospital grounds, clinics, pharmacies, and other healthcare establishments.

Cultural facilities

Allowed
Analysis

The law does not prohibit the sale of tobacco products in cultural facilities. Therefore, the law is interpreted as allowing the sale of tobacco products in cultural facilities.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law requires that unit packets of cigarettes include at least 20 sticks.

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco per unit package

Not Applicable
Analysis

Smokeless tobacco products are prohibited.

Minimum weight of roll-your-own tobacco per unit package

Yes
Analysis

The law requires that a unit package of roll-your-own tobacco weigh at least 30 grams.

Retail Licensing Requirements

Specific retail license or equivalent approval required to sell tobacco products

No
Analysis

The law does not require a specific retail license to sell tobacco products.

To align with FCTC Art. 15, the law should require retailers to obtain a license to sell tobacco products.