Current food safety penalty list positioning fuzzy, content reiterated a lot of the current legislation, to avoid the defects of food safety substance problems. The reason is that the administrative law enforcement excessive list penalty for food safety risk, thus adopted a negative avoidance attitude. It is not only conducive to optimize the business environment, but also will cause adverse effects on food safety in a long-term view. In essence, the formulation of the exemption list is still administrative activities rather than legislative activities. The reconstruction of the food safety exemption list system should replace the current legislation in terms of detailed provisions. The exemption list should be used as the direct basis for administrative law enforcement, and a negative list is established to prevent the risk of the exemption list. By implementing the principle of active, inclusive and prudent regulation, we will balance the relationship between optimizing the business environment and maintaining food safety, so as to give full play to the role of the list of penalty exemptions.