In view of the high incidence of crimes against food safety in China, the main reason is that the income of the crime is huge while the cost is very low, and the judicial status quo of “lighter” punishment for crimes against food safety, through the analysis framework of crime economics model, this paper makes a legal empirical study on the data of free lawsuit in 2019, and points out that efforts should be made to increase the direct cost of crime, expected punishment cost and conviction follow-up cost. Only by urging it to return to the criminal policy track of “strict” crackdown, can reduce the expected income of criminals and realize the effective governance of crimes against food safety.