1, buying and selling sick and dead pork, if the circumstances are serious, constitutes the crime of producing and selling food that does not meet food safety standards, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and fined;

2. Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

The constitutive elements of the crime of producing food that does not meet the safety standards are as follows:

1, the main element. The main elements of this crime are general subjects, and anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. At the same time, the unit can also constitute this crime. If the unit commits this crime, the double punishment system shall be implemented;

2. Subjective aspects. Subjectively, this crime can only be constituted by intention, that is, the actor knowingly produces and sells food that does not meet the hygiene standards, but does not include direct intention, and the actor takes a laissez-faire attitude towards the consequences that may cause serious food poisoning accidents or other serious food-borne diseases;

3. Object. The object of this crime is a dual object, namely, the national food hygiene management system and citizens' right to life and health;

4. objective aspects. Objectively, this crime is manifested as an act of producing and selling food that does not meet the hygiene standards in violation of the regulations on food hygiene management, which is enough to cause serious food poisoning accidents or other serious food-borne diseases and seriously endanger human health.

To sum up, if the sale of expired food is enough to cause serious food-borne diseases, it is a crime of selling food that does not meet safety standards. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined. Whoever sells expired food, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Legal basis:

Article 143 of the Criminal Law of People's Republic of China (PRC)

Crime of producing and selling food that does not meet safety standards. Whoever produces and sells food that does not meet the food safety standards, enough to cause serious food poisoning accidents or other serious food-borne diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.