Abstract: There exists co-competition between the crime for producing and selling food failing to meet safety standards and the crime for producing and selling poisonous or harmful food. The word “enough” does not manifest that the crime is a concrete dangerous offense; rather， it is to state the boundaries of the crime. As long as the food being produced or sold falls short of safety standards， the offense is accomplished. Thus， it also holds true when the food is only produced but not sold yet. According to the theory of “neutral conduct only helps”， when a person has realized that the service he/she provides is used to commit crimes and such service has objectively encouraged the crime， he/she wont be treated as an accomplice as long as such neutral conducts as loaning， transporting， mailing， warehousing and renting do not result in unlawful hazards.

Key words: the crime for producing and selling food not up to safety standards, co-competition, accomplice, neutral conduct