One of the key problems in food safety management is the low illegal cost. The punitive compensation system is an important system, which raise the illegal cost in the regulation of food safety and has the great significance. Compared with developed countries, the punitive damages in food safety law system in China is still in its infancy, and in the aspect of legislation, the free of cost food is not invovled in the scope, and the compensation will be giving away free food subjective not contain elements of negligence, such problems as unreasonable compensation calculation. To give full play to the system of punitive damages in China, the role of food safety management, must take the corresponding modification to Food Safety Law in China , and the free food should be brought into the scope of punitive damages, adding sellers “gross negligence” as elements of subjective in punitive damages, perfecting the calculation standard of punitive damages.