With the rapid economic development, people’s living standards have been significantly improved, but the food waste caused by this is becoming more and more serious and has attracted widespread attention from all walks of life. Although our country’s current laws stipulate the content of “strict economy and oppose waste”, there are still problems such as scattered laws and regulations, no operability and pertinence, which leads to the problem of food waste. In order to fill the gaps and loopholes in the law, it is necessary to suggest to learn from the experience of extraterritorial legislation and make special legislation on food waste. By formulating comprehensive laws and regulations against food waste, effectively combat food waste and promote the healthy and orderly development of the food service industry.