Food safety crimes have seriously infringed upon the lives and health of the people, and must be severely cracked down on. According to the relevant provisions of the criminal law and the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of laws in handling criminal cases endangering food safety (hereinafter referred to as the interpretation), the amount of production and sales directly affects the penalty range and sentencing level of food safety crimes. Therefore, it is necessary to further clarify its identification method to guide judicial practice. Clarify the necessity of production and sales amount. Food safety crime can be divided into broad sense and narrow sense. The narrow sense of food safety crime only refers to the crime of producing and selling toxic and harmful food and the crime of producing and selling food that does not meet the safety standards. Articles 3, 7 and 8 of the interpretation stipulate that "other serious circumstances" and "other particularly serious circumstances" of the crime of producing and selling food that does not meet the safety standards and the crime of producing and selling toxic and harmful food shall be explained from the perspective of production and sales amount. If the production and sales amount is more than 200000 yuan but less than 500000 yuan, it shall be recognized as "other serious circumstances"; The production and sales amount of more than 500000 yuan shall be recognized as "other particularly serious circumstances". The term of imprisonment shall be upgraded, and the amount of fine and punitive damages shall be determined by the amount of production and sales. Therefore, determining the amount of production and sales is the starting point for accurate sentencing and effective cracking down on food safety crimes. Determine the production and sales amount according to relevant regulations. The crime of food safety belongs to the crime of producing and selling fake and shoddy products in the special provisions of the criminal law. It is related to the crime of producing and selling fake and shoddy products in the special law and the general law. In the absence of specific provisions in the special law, the provisions of the general law are of course applicable. According to Article 2 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of laws in handling criminal cases involving the production and sale of fake and shoddy commodities, the "sales amount" specified in articles 140 and 149 of the criminal law refers to all the illegal income earned and due by the producers and sellers after selling fake and shoddy products. Drug safety crimes and food safety crimes are special crimes of producing and selling fake and inferior products, with the same category and status. Therefore, in the absence of clear provisions on food safety crimes, the specific provisions on drug safety crimes can be applied by reference. Article 20 of the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of laws in handling criminal cases endangering drug safety stipulates that "the amount of drugs produced and provided shall be calculated based on the value of drugs; the amount of drugs sold shall be calculated based on the income and all available illegal income". To sum up, on the premise that the general provisions on the crime of producing and selling fake and shoddy products are of course applicable and the specific provisions on the crime of drug safety are referred to, the production and sales amount of the crime of producing and selling toxic and harmful food or the crime of producing and selling food that does not meet the safety standards can also be calculated according to the income and all the due illegal income. If there are both sales completion behaviors and unsold behaviors in the case, the total amount of the two parts shall be added to calculate the sales amount of the whole case, and the punishment shall be given a lighter punishment after considering the unsold situation comprehensively in the sentencing. For the unsettled part, the value of the goods shall be calculated according to the actual price of the goods sold. such as