The phenomenon of food waste has aroused great concern from the international community, and some foreign countries have regulated it by law in a comprehensive way. In China, food waste mainly occurs in the public catering industry. In the whole society, we must form a legal atmosphere of being glorious to save and shameful to waste. The occasions of food waste mainly include wedding party, "event banquet", business dinner and dinner with friends. The causes of food waste include constraints of science and technology, subjective factors of actors and inherent defects of traditional ownership system. Although there are laws concerning food waste in China, the current provisions are relatively principled and scattered, lacking systematicness and maneuverability. To regulate food waste behavior by law is the need of ensuring food security, fulfilling international obligations, saving resources, protecting ecological environment, upgrading and integrating legal norms. The food waste behavior of public legal subjects and individuals in food production, processing and consumption should be comprehensively regulated by a special law, which should be formulated by the NPC Standing Committee under the guidance of the notion of social attribute of resources and the idea of green development, through direct prohibition, tax adjustment, consumption guidance and other ways. The legal regulation should focus on food and food waste behavior.