A report of a woman who was fined for removing her mask to eat and drink outdoors has led to confusion over COVID-19 restrictions.

On Thursday, the health authorities announced new measures to curb the surge of COVID-19 cases, which include the closure of restaurants until April 11.

The rules around masks, which have been mandatory outdoors since October, have not changed.

However, one woman uploaded a photograph on social media showing a fine she was handed by police for taking off her mask to eat when she was in a picnic area in Pembroke on Sunday afternoon.  

Women fined for removing mask to eat in outdoor area Photo: Facebook

She wrote: “I was sitting on the grass keeping my distance from anyone around and having a snack. I was given a fine! Reason being according to the police officer is because I cannot eat, drink or smoke outside even if I am at a distance sitting down... obviously I cannot eat with my mask on!”

The response was mixed, with some people saying it has been the law since October but never enforced. 

Social media and Times of Malta's inbox has been inundated with questions from people asking if picnics, eating on benches, at the beach and outside is now forbidden under new regulations.

What does the law say?

From Friday, restaurants, snack bars and kiosks were closed (except those in hotels offering food to guests) but are allowed to provide delivery and take-away services. 

As people took their takeaways to picnic areas and benches to eat, it exposed a grey area in the existing ban on wearing masks outside the home, which has been unchanged since it came into force in October 2020.

There are several exceptions to this ban. Firstly, children under three and those suffering from respiratory conditions are exempted from wearing a mask. 

But the legal notice on mandatory mask wearing also details a list of occasions when it is legal to temporarily remove the face covering. 

These include during physical exercise, public speaking, for identification purposes or for medical treatment.

Removing a mask is also allowed when "seated at catering establishments where food and drinks are served". It does not specify any exemptions for eating or drinking outside. 

What do the authorities say?

Questions have been sent to the health authorities and police asking for clarification. 

However people have been sharing on social media messages they received from LESA and police officers, who hand out fines suggesting confusion among those tasked with upholding the law. 

In a message dated November last year - a month after the mask rules came in to force - LESA replied to a member of the public saying that people can eat or drink outside in a public space as long as they are seated. 

A message from LESA to a member of public saying people can eat outside

Meanwhile the Malta Police Force told another member of public that it was "not prohibited" for people to eat on their own in public but said the police appealed for masks not to be removed.

"One can always eat in the car to have peace of mind that they are not exposing themselves or others to the virus."

On Monday, during a TVM interview, Health Minister Chris Fearne was asked whether people can eat, drink or smoke outdoors. 

Fearne avoided the question, saying people should not be smoking or drinking alcohol at all since it is bad for their health. When the interviewer clarified that she was referring to when people drink water at a picnic, he still did not answer the question.
 
He said that ideally people do not gather together, especially due to the new UK variant, which has increased the number of cases. 

“Our appeal is to continue working hard, we are all facing challenges and everyone is tired after a year," he said.