It is the most important task to scientifically define the types of illegal acts of food waste in food conservation legislation. To classify the types of illegal acts of food waste, behavior subject, behavior mode and subjective fault are the three core factors. From the perspective of behavior subject, it can be divided into consumers' behavior of wasting food, restaurant operators' or canteen managers' behavior of wasting food, supermarket operators' behavior of wasting food, food producers' behavior of wasting food, food transporters' behavior of wasting food and other food waste behaviors that need legal regulation. From the perspective of behavior patterns, illegal acts of food waste can be divided into public and private behavior, occasional waste behavior and multiple waste behavior, waste behavior alone and organizing others to implement waste behavior. From the perspective of subjective fault, it can be divided into intentional food waste behavior and negligent food waste behavior. Not all food waste behaviors should be included in the regulation scope of law. The legislation should reasonably determine the standards for identifying illegal behaviors.