Food crime has various kinds, multitudinousness, wider range and faster spread rate, which brought a certain degree of difficulty to criminal punishment. Chinas criminal legislation on food safety has gone through periods of non-criminalization, criminalization, and expansion period. Although the legislation has gradually enriched the content of the criminal law of food crimes, it still has many problems at the same time. In terms of incriminating, all aspects of food activities have not been fully protected, and the scope of food protection is too narrow, and the subjective aspects of food safety crimes are not perfect. In terms of penalties, the penalties for food crimes are incomplete and unbalanced. Future legislative amendments should improve the criminal protection mechanism for food safety from three aspects, such as criminal policy, constituent elements, and types of penalty. So it can strengthen food safety management, and maintain social order stability.