This issue needs to be treated differently.

In the first case, the food is agricultural products. According to Article 51 of the "Agricultural Products Quality and Safety Law", anyone who fraudulently uses the quality marks of agricultural products shall be ordered to make corrections, the illegal gains shall be confiscated, and a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed. The administrative supervision department responsible for the above penalties is the agricultural department.

In the second case, the food is not agricultural products. Here, as a certification mark in the sense of the Trademark Law, the green food mark is subject to the penalty of Article 60, Paragraph 2 of the Trademark Law. When the industrial and commercial administrative department determines that the infringement is established, it shall be ordered to immediately stop the infringement and confiscate, Destroy infringing goods and tools mainly used to manufacture infringing goods or counterfeit registered trademarks. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, , a fine of not more than 250,000 yuan may be imposed. Anyone who commits more than two trademark infringements within five years or has other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

The General Office of the Ministry of Agriculture has issued a letter to clarify this situation.