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Term --FCTC-Based Definition Malawi
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Not Defined
No
Analysis

The law does not regulate smoking in the workplace and, therefore, there is no applicable definition of "workplace."

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The law does not regulate smoking in public transport and, therefore, there is no applicable definition of "public transport."

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not regulate second hand smoke and, therefore, there is no applicable definition of "second hand smoke."

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Not Defined
No
Analysis

The law does not regulate smoking in public places and, therefore, there is no applicable definition of "smoking" or "smoke."

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

The law does not regulate smoking in public places and, therefore, there is no applicable definition of "public place."

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Not Defined
No
Analysis

The law does not regulate the smoking of tobacco products in public places and, therefore, there is no applicable definition of "tobacco products."

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The law does not regulate smoking in indoor places and, therefore, there is no applicable definition of "indoor" or "enclosed."

Not Applicable
Not Applicable
Malawi
All indoor workplaces
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor workplaces, indoor public places or public transport. Therefore, smoking is allowed in all indoor workplaces. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces, indoor public places, and public transport.

Not Applicable
Not Applicable
All indoor public places
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor workplaces, indoor public places, or public transport. Therefore, smoking is allowed in all indoor public places. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces, indoor public places, and public transport.

Not Applicable
Not Applicable
All public transport
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor workplaces, indoor public places, or public transport. Therefore, smoking is allowed in all public transport. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces, indoor public places, and public transport.

Not Applicable
Not Applicable
Government facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in government facilities. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including government facilities.

Not Applicable
Not Applicable
Private offices
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in private offices. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in private offices.

Not Applicable
Not Applicable
Hospitals
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in hospitals. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in public areas of residential healthcare facilities. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in non-residential healthcare facilities. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in childcare facilities and preschools. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in primary and secondary schools. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in universities and vocational facilities. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in shops. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in shops.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in cultural facilities. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in indoor stadiums and arenas. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in restaurants. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in bars, pubs, and nightclubs. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in casinos. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in public areas of hotels and lodging. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in in public areas of hotels and lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in guest rooms of hotels and lodging. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in guest rooms of hotels and lodging.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in public areas of prisons and detention facilities. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in trains, buses, and other shared ground transportation. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in taxis. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in taxis.

Not Applicable
Not Applicable
Commercial aircraft
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in commercial aircraft. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in commercial watercraft. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

There is no law regulating smoking in indoor public places or indoor workplaces. Therefore, smoking is allowed in public transport facilities. To align with best practices, as reflected in FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide for 100% smoke free indoor workplaces and indoor public places, including in public transport facilities.

Not Applicable
Not Applicable
Malawi
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Not Applicable
Not Applicable
Not Applicable
Malawi
Post signs
No
No
Analysis

There is no law regulating smoking in indoor public places, indoor workplaces, or public transport. Therefore, there are no associated duties placed upon business owners, employers, or supervisors.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no law regulating smoking in indoor public places, indoor workplaces, or public transport. Therefore, there are no associated duties placed upon business owners, employers, or supervisors.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

There is no law regulating smoking in indoor public places, indoor workplaces, or public transport. Therefore, there are no associated duties placed upon business owners, employers, or supervisors.

Not Applicable
Not Applicable
Not to smoke where prohibited
No
No
Analysis

There is no law regulating smoking in indoor public places, indoor workplaces, or public transport. Therefore, there is no associated duty placed on smokers not to smoke.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Malawi
Are sub-national jurisdictions permitted to have smoke-free laws?
Uncertain
Uncertain
Not Applicable
Not Applicable