Abstract: The food safety standards are standards that have relation to food safety. The subject of standards laying down consist of standardization government, health government, agriculture government and environment protection government .The present food safety legal system of standard in China has the following problems: the definition of standard goes against that of the World Trade Organization; compulsory standard is indistinct in legal nature, source of validity and legal grade in whole legal system; the range of compulsory standard and its content is not reasonable; voluntary standard is not clear in legality; and conflicts among standards are severe. It is appropriate method to solve aforementioned problem to change government leading food safety standard system from to voluntary standard system, to change mandatory food safety standard system to voluntary system.

Key words: food safety standard, voluntary standards, technical legal rule