A capacitive sensor and control system is configured to detect the presence (or absence) of fluid within a container. Configured in a vat or frypot of a deep fryer, the sensor determines when a level of liquid within the frypot is at or above the level of the sensor. The sensor is in communication with the control system and the sensor sends a signal to the control system representative of the presence or absence of liquid within the frypot and at the level of the sensor. The controller receives the signal from the sensor, and allows operation of the one or more heat sources for heating the frypot when the signal received from the sensor is representative of liquid being disposed within the frypot at or above the level of the sensor, and prevents operation of the one or more heat sources when the signal received from the sensor indicates that liquid is not disposed within the frypot at or above the level of the sensor.