The production and sale of food that does not meet the food safety standards should be prosecuted under one of the following circumstances: (1) The food contains pathogenic microorganisms, pesticide residues, veterinary drug residues, heavy metals, pollutants and other substances harmful to human health that seriously exceed the standard limits; （2） Those belonging to livestock, poultry, beasts, aquatic animals and their meat and meat products that died of disease, whose cause of death is unknown, or whose inspection and quarantine are unqualified; （3） It belongs to the food that is explicitly prohibited by the state to produce and sell for the purpose of disease prevention and control and other special needs; （4） The nutritional components required for growth and development in infant food are seriously inconsistent with food safety standards; （5） Other circumstances sufficient to cause serious food poisoning accidents or serious foodborne diseases. In the process of food processing, sales, transportation, storage, etc., those who violate the food safety standards and abuse food additives beyond the limit or scope, which is enough to cause serious food poisoning accidents or other serious food borne diseases, shall be prosecuted. In the process of planting, breeding, marketing, transportation, storage, etc. of edible agricultural products, those who violate food safety standards, abuse additives, pesticides, veterinary drugs, etc. beyond the limit or scope, which is enough to cause serious food poisoning accidents or other serious food borne diseases, shall be prosecuted.
Legal basis:
Article 143 of the Criminal Law [Crime of producing or selling food that does not meet the safety standards] Whoever produces or sells food that does not meet the food safety standards, which is enough to cause a serious food poisoning accident or other serious food borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated of property.
