California Code § 102417(g)(1): Fire Safety Requirements

Despite the title, this regulation focuses on proper food temperature control in family child care homes. California requires you to maintain perishable foods at safe temperatures - below 40°F when cold and above 140°F when hot. This means milk, meat, prepared foods, and other perishables must stay refrigerated or properly heated, never left at room temperature where bacteria can multiply rapidly. Room temperature storage is never acceptable for these items, as it creates serious risk of foodborne illness that could affect multiple children simultaneously.

As of November 23, 2025, 46 facilities have been cited for this violation across 10 counties in California. This represents approximately 1 in 870 facilities statewide (0.61% of the 7,551 facilities inspected in the past 90 days). Los Angeles County accounts for the majority with 31 citations, followed by Santa Barbara County with 5 citations. While not the most common violation, it appears regularly during inspections and poses significant health risks when it occurs.

Inspectors cite this violation when they find perishable foods stored at unsafe temperatures. Common scenarios include: leaving milk or lunch meat on the counter during meal prep or transitions between activities, refrigerators that don't maintain temperatures below 40°F (often discovered through thermometer checks or touch), prepared foods sitting out beyond safe time limits (typically 2 hours, or 1 hour if room temperature exceeds 90°F), or absence of functioning refrigerator thermometers to monitor proper cold storage. Inspectors may check your refrigerator temperature, observe food handling practices during their visit, or review your food storage logs.

Check your refrigerator temperature every morning and keep a written log - this creates accountability and helps you catch problems early. Use a separate thermometer to verify your refrigerator stays below 40°F consistently. Never leave perishable foods on the counter for more than the absolute minimum time needed for meal prep. Set timers if needed to ensure foods return to proper storage quickly. Train all staff on the 'danger zone' (40°F-140°F) where bacteria multiply rapidly. If your refrigerator feels warmer than usual or the door doesn't seal properly, address it immediately rather than hoping it's fine. Keep a backup thermometer available to double-check if something seems off.

First, discard any foods that may have been stored at unsafe temperatures - foodborne illness affecting children is far more serious than the cost of replacing food. Immediately test your refrigerator temperature with a reliable thermometer and document the reading. If the temperature is above 40°F, either repair or replace the refrigerator before storing perishable foods again. Implement a daily temperature monitoring log and train all staff on proper food storage procedures, including maximum time limits for foods at room temperature. Review your meal prep routines to minimize the time perishables spend outside refrigeration. Document all corrective actions taken and submit your Plan of Correction promptly. If you're uncertain about safe practices or need to overhaul your food handling procedures, consider consulting with a food safety professional or your local health department.