UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-KSB/A [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the year period ended: April 30, 2004 OR [_] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission file number: 333-68008 EFOODSAFETY.COM, INC. (Exact name of registrant as specified in its charter) Nevada 62-1772151 (State or other jurisdiction of (I.R.S. Employer Incorporation or organization) Identification No.) 1370 St. George Circle Prescott, AZ 86301 (Address of principal executive offices) (Zip Code) Issuer's telephone number, including area code: (928) 717-1088 Securities registered pursuant to Section 12(b) of the Act: Title of each class Name of each exchange on which each is registered - ------------------- ------------------------------------------------- None None Securities registered pursuant to Section 12(g) of the Act: Common Stock, $0.0001 par value (Title of class) Check whether the issuer: (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports); and (2) has been subject to such filing requirements for the past 90 days. Yes X No - ----- ---------- Check if disclosure of delinquent filers in response to Item 405 of Regulation S-B is not contained in this form, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-KSB or any amendment to this Form 10-KSB. [ ] The issuer's revenues for the fiscal year ended April 30, 2004 totaled $2,383. The number of shares of the issuer's common stock, no par value per share, outstanding as of September 15, 2004 was 93,045,816. The aggregate market value of the voting and non-voting common equity held by non-affiliates of the registrant on September 15, 2004, based on the average bid and ask price on the OTC Bulletin Board as of such date, was approximately $16,875,934.56. DOCUMENTS INCORPORATED BY REFERENCE None Transition Small Business Disclosure Format: Yes No X EFOODSAFETY.COM, INC. EXPLANATORY NOTE eFoodSafety.com, Inc. is filing this Form 10-KSB/A to revise "Item 3 Controls and Procedures." This Form 10-KSB/A has only been changed to reflect that there have been no changes in the Company's internal controls or in other factors since the date of the Chief Executive Officer's and Chief Financial Officer's evaluation that could significantly affect these internal controls, including any corrective actions with regards to significant deficiencies and material weaknesses. This amendment includes only changes to Part I, Item 3. Items included in the original Form 10-KSB that are not included herein are not amended and remain in effect as of the date of the original filing. Additionally, this Form 10-KSB/A does not purport to provide an update or a discussion of any other developments at the Company subsequent to the original filing. EFOODSAFETY.COM, INC. INDEX PAGE PART I NUMBER Item 6 - Exhibits and Reports on Form 8-K Item 14. - Disclosure Controls and Procedures Signature Page PART II PART II ITEM 6 EXHIBITS Exhibits Required by Item 601 of Regulation S B Exhibit No. Description 31.1 Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. 32.1 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. - ----------------------------- ITEM 14. CONTROLS AND PROCEDURES The Company's Chief Executive Officer and Chief Financial Officer has concluded, based on an evaluation conducted within 90 days prior to the filing date of this annual report on Form 10-KSB, that the Company's disclosure controls and procedures have functioned effectively so as to provide this officer the information necessary whether: (i) this annual report on Form 10-KSB contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this annual report on Form 10-KSB, and (ii) the financial statements, and other financial information included in this annual report on Form 10-KSB, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this annual report on Form 10-KSB. There have been no changes in the Company's internal controls or in other factors since the date of the Chief Executive Officer's and Chief Financial Officer's evaluation that could significantly affect these internal controls, including any corrective actions with regards to significant deficiencies and material weaknesses. SIGNATURES In accordance with the requirements of the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. September 22, 2004 EFOODSAFETY.COM, INC. By: /s/ Clarence W. Karney ----------------------------------------- Chief Executive Officer and Chief Financial Officer, Secretary and Director (Principal accounting and financial officer for the quarter)