Food Safety Issues/Refrigerator temperature


Basic question is - is there any leeway in this 40 degree safety temperature for food?
I put food in our garage refrigerator, a relatively new frigidaire usually used for extra fruit. I checked the temp all afternoon and it was 34-39 degrees, usually 34-36. So I trusted it and left the food in overnight. However, at 3 am when I checked it, the refrigerator was 40 degrees, and at 7 am it was also 40 degrees. I was concerned because that is right on the edge of safe and and doesn't allow for thermometer error. So I used my instant read in a ground turkey/macaroni casserole that was in there. It registered a bit less than 40 in some areas, but 42 degrees in others. So I put all the food back in my kitchen refrigerator this morning, but don't know what to think about it - safe or not?

The rule is it must be held at 41F or below. I keep my refrigerator between 36-38F. I wouldn't worry at all about a few degrees higher. In New York the rule use to be refrigerated food must be held below 45F. That was changed a few years back in an effort to follow the federal FDA model food code. I'm sure you already turned your refrigerator down a little bit.  

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Carl LaFrate


I can answer food safety questions relative to food processing, retail food and food salvage after a catastrophic event such as a hurricane, flood, ammonia leak or fire. Questions related to HACCP, Regulatory, GFSI, SQF, BRC, liability issues, contamination events, pest infestation, pest control methodology,food safety defense, pathogen prevention such as L. Monocytogenes control in food processing and retail, any subject related to food safety including at home issues.


30 years experience as a food safety consultant working for the top food processors, food retailers and insurance companies that write liability policies related to food processing, storage and distribution. My firm employees 6 full time food safety auditors. I work for top law firms throughout the USA and am a staff consultant for Douglas Peterson and Associates, one of the top forensic engineering firms in the world. I also work with Risk Solutions International, a global leader in risk management.

New York State Association for Food Protection, past president, executive board Central Atlantic States Association of Food and Drug Officials

Progressive Grocer Magazine Smart Money Magazine Private Label Buyer Magazine Supermarket News Natural Foods Merchandiser Magazine Food Service Director Magazine NYS Association for Food Protection Annual Report NYS Association for Food Protection Newsletter

Syracuse University, Microbiology/Biology NYS College of Environmental Sciences, Plant and Environmental Biology Cornell University, Food and Dairy Processing

Awards and Honors
Wm. Hickey Award (2006), NYS Association for Food Protection, for contributions in the field of food safety and sanitation New York State Integrated Pest Management Award (2007), NYS Assoc. for Food Protection, for contributions in the filed of integrated pest management.

Past/Present Clients
Pillsbury, Agri-Mark, Associated Grocers, Beatrice Foods, Cargill, Southern Cold Storage, Quaker, Ben & Jerry’s, Delverde Pasta (Italy), New York Bakery, Cabot Cheese, Hazelwood Farms, General Mills, Price Chopper Supermarkets, P&C Supermarkets, Great American Supermarkets, Tops Markets, Big M Supermarkets, Big Bear Supermarkets, Frito-Lay Distribution Centers, IBP, Excell, Eckerd Drugs, Rite Aid Drug Stores, Fay’s Drugs, Carl’s Drugs, AWI Wholesale Food Distribution, McLane Food Distributors, Golub Food Distribution, many supermarket chains (many include large scale specialty food service operations), Burger King, Pizza Hut, Taco Bell, McDonald’s, Darden Foods (Red Lobster, Olive Garden), LSG Skychefs (Germany, US), Glen Mills Schools, Cornell University, Crider Poultry, Caesar’s Palace, The Oneida Indian Nation, Taylor Meat Packing, UCB Packaging Films

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