Yes. Selling food that does not meet China’s food safety standards is a criminal offence, not merely a regulatory breach. Depending on the facts it falls under Article 143 or Article 144 of the Criminal Law, and the penalties range from a fine to life imprisonment.

Article 143: food that fails safety standards

Under Article 143, producing or selling food that does not meet food safety standards, where it is sufficient to cause a serious food poisoning incident or other serious food-borne disease, is punishable by up to three years of imprisonment or criminal detention, plus a fine. If it causes serious harm to human health or other serious circumstances, the sentence rises to three to seven years. If the consequences are especially serious, the penalty becomes seven years to life, together with a fine or confiscation of property.

Article 144: toxic or harmful food

Article 144 is harsher. Adding toxic or harmful non-food raw materials to food, or knowingly selling food that contains them, carries up to five years of imprisonment. Serious harm to health or other serious circumstances bring five to ten years; where death or other especially serious circumstances result, the case is punished under Article 141, which allows the death penalty.

What counts as unsafe or toxic?

The Supreme People’s Court and Supreme People’s Procuratorate issued an interpretation on food safety crimes in 2021, effective 1 January 2022, which defines Article 143’s threshold. It covers food containing pathogenic bacteria, pesticide or veterinary drug residues, biotoxins or heavy metals far above permitted limits; meat from dead, diseased or uninspected animals; products banned to control disease; and infant formula or medical-purpose formula whose nutrition seriously fails the standards. Water-injected meat and recycled gutter oil are classic examples.

Practical risk for businesses

Companies can be held criminally liable as entities, and managers, owners and directly responsible persons can face personal prison time. Parallel administrative fines, licence revocation and civil claims are common. That makes supplier vetting, intake testing and traceability records a legal defence rather than paperwork: if bad ingredients reach your kitchen, the key question is whether you knew, or should have known.

Example (hypothetical): a restaurant group buys cooking oil from an unlicensed supplier and resells it. If the oil turns out to be recycled waste oil, the owners face Article 144 charges. If instead the problem is contaminated but non-toxic ingredients, the case may fall under Article 143, or the lesser offence of producing and selling shoddy goods under Article 140.

If you run a food business in China, treat food safety compliance as a criminal-risk issue: the exposure is personal as well as corporate.

FAQ

Q: Is selling unsafe food a crime in China?

A: Yes. Selling food that does not meet China’s food safety standards is a criminal offence, not merely a regulatory breach, and depending on the facts it falls under Article 143 or Article 144 of the Criminal Law.

Q: What is the punishment under Article 143?

A: Producing or selling food that does not meet food safety standards, where it is sufficient to cause a serious food poisoning incident or other serious food-borne disease, is punishable by up to three years of imprisonment or criminal detention plus a fine; three to seven years if it causes serious harm to human health; and seven years to life if the consequences are especially serious.

Q: How is Article 144 different?

A: Article 144 is harsher. Adding toxic or harmful non-food raw materials to food, or knowingly selling food that contains them, carries up to five years of imprisonment; serious harm to health or other serious circumstances bring five to ten years; and where death or other especially serious circumstances result, the case is punished under Article 141, which allows the death penalty.

Q: What counts as unsafe or toxic food?

A: The 2021 interpretation, effective 1 January 2022, covers food containing pathogenic bacteria, pesticide or veterinary drug residues, biotoxins or heavy metals far above permitted limits; meat from dead, diseased or uninspected animals; products banned to control disease; and infant formula or medical-purpose formula whose nutrition seriously fails the standards. Water-injected meat and recycled gutter oil are classic examples.

Q: Can a company and its managers be held liable?

A: Yes. Companies can be held criminally liable as entities, and managers, owners and directly responsible persons can face personal prison time, with parallel administrative fines, licence revocation and civil claims common.

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Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512