The food industry faces criminal penalties: selling meat from diseased animals or products exceeding safety limits is already a crime; adding toxic or harmful non-food substances carries a minimum five-year sentence regardless of revenue

11. The food industry faces criminal penalties: selling meat from diseased animals or products exceeding safety limits is already a crime; adding toxic or harmful non-food substances carries a minimum five-year sentence regardless of revenue

Cost: No direct cost is involved. Follow the approach outlined in Article 8 (assess which regulatory category your operation falls under): retain all quarantine certificates and purchase receipts, and only use ingredients with verifiable approval numbers on their labels.

In plain terms: While earlier articles impose financial penalties, this one targets individuals criminally. Selling meat from diseased animals, meat failing inspection, or products with excessive pesticide, veterinary drug, or heavy metal residues is a crime as long as it is “sufficient” to cause serious poisoning — no actual victims are required, and offenders face up to three years in prison. Adding toxic or harmful non-food substances to food carries a minimum five-year sentence, irrespective of total sales volume.

Benefit: Article 143 of the Criminal Law governs this category: any food you produce or sell that fails to meet safety standards is illegal if it is “sufficient” to cause serious food poisoning or other severe foodborne illnesses. Offenders receive up to three years of imprisonment or detention plus fines. If serious health damage or other aggravating factors are present, sentences rise to three to seven years with additional fines. In cases of especially grave consequences, imprisonment ranges from seven years to life, plus asset confiscation or further fines. Article 144 covers the deliberate addition of toxic or harmful non-food substances to food; offenders face up to five years of imprisonment plus fines. If serious health damage or other serious circumstances arise, sentences increase to five to ten years with fines. If death results or other especially severe circumstances exist, penalties follow Article 141 (ten years or more, life imprisonment, or death). A joint interpretation by the Supreme People’s Court and the Supreme People’s Procuratorate defines four scenarios that qualify as “sufficient” to cause serious foodborne illness: presence of pathogenic microbes, pesticide residues, veterinary drug residues, biological toxins, or heavy metals exceeding legal limits; use of meat from diseased, undiagnosed, or unqualified animals; production or sale of items banned for public health reasons; and infant formula or medical foods with severely inadequate nutritional content. Excessive or improper use of additives that lead to such outcomes also falls under Article 143. What counts as “toxic or harmful non-food substances” is strictly defined: any substance prohibited by law or listed by government authorities (e.g., banned pesticides or drugs not approved for food animals). Additional serious circumstances under Article 144 include sales totaling between 100,000 and 200,000 RMB, operations near schools, nursing homes, or facilities serving minors or the elderly, or illegal private slaughtering without proper licensing; such acts may also incur penalties under the crime of illegal business operations. Revenue thresholds of 100,000 RMB or net profits of 50,000 RMB are considered “serious circumstances” nationwide.

Evidence grade: A

Sources: National People's Congress Standing Committee (amended in 2020). Criminal Law (Articles 141, 143, 144). <https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92> (National Laws and Regulations Database); Supreme People's Court of China, Supreme People's Procuratorate of China (2021). Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Food Safety (Fashi [2021] No. 24, Articles 1, 2, 5, 7, 9, 17, and 18, effective from January 1, 2022). <https://scjg.hebei.gov.cn/info/79117> (Full text reproduced by Hebei Provincial Administration for Market Regulation), <https://sft.ln.gov.cn/sft/ywgz/zfflgw/xzys/2525860BD0F843EFA7A3B7FDC330614E/index.shtml> (The full text was reproduced by the Liaoning Provincial Department of Justice, and the two copies were verified verbatim for consistency)

Notes: The dividing line between this article and the previous three is whether food safety standards themselves are violated. Failure to obtain permits, incomplete labeling, or false health claims result in financial penalties, while selling diseased meat, non-compliant products, improper additives, or non-food substances triggers criminal prosecution. The simplest preventive measure remains the steps outlined in Article 8: purchase meat solely from licensed slaughterhouses, retain all quarantine and quality certificates, and use only ingredients with valid approval numbers. Unverified “discounted meat” or unknown “by‑product scraps” are common sources of violations. Due to a 502 error when retrieving the original Supreme People’s Court bulletin, two provincial official reprints were cross‑checked word‑for‑word to ensure accuracy.