The China's first "food safety law" was released in 2009, which improved our country's food standard from "health" to "safety" and established the scientific legal system. It is no doubt that the part of punitive damages is the more successful system design in the law. However, the system of punitive damages in the food safety legislation still has some problems, leading to difficulties in practice. In the new revision of "food safety law" , the scope of punitive damages should be scientifically determined and the amount of compensation of floating limits should be set . Moreover, the minimum amount of compensation should be determined and attentions should be paid to the cohesion between systems. The solutions of these problems can guarantee its scientificity and rationality in the legislation and its function in practice.