Abstract: With the increase of profit-making occupational anti-counterfeiting cases reported, all social circles are arguing about this social phenomenon. Starting with the applicability of punitive damage system, this article summarizes the institutional evolution of China’s food law on occupational anti-counterfeiting. At the same time, given the current condition of China, the causes of food safety accidents are interpreted from the perspective of sociology. This review justifies supporting occupational anti-counterfeiting in the field of food safety based on special policy considerations. In addition, the negative effects of occupational anti-counterfeiting are elucidated with respect to the conditions for the applicability of punitive damage system, the definition of food safety standards, food mislabeling and malicious prosecution in an effort to make the best use of the strengths and avoid the weaknesses of occupational anti-counterfeiting and consequently help to purify the food market.

Key words: food safety, occupational anti-counterfeiting, punitive damages, legal regulation