Avitar Inc/DE – ‘10KSB’ for 9/30/04 – EX-31

On:  Wednesday, 12/29/04, at 4:03pm ET   ·   For:  9/30/04   ·   Accession #:  943763-4-88   ·   File #:  1-15695

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Annual Report — Small Business   —   Form 10-KSB
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10KSB       Annual Report -- Small Business                       58±   261K 
 2: EX-3        Certificate of Incorporation                           6     18K 
 9: EX-14       Code of Ethics                                         2      9K 
 3: EX-21       Subsidiaries                                           2      5K 
 4: EX-23       Accounting Firm Consent                                2      7K 
 5: EX-31       CEO Certification                                      2±    10K 
 7: EX-32       Certification per Sarbanes-Oxley Act (Section 906)     1      7K 
 8: EX-32       Certification per Sarbanes-Oxley Act (Section 906)     1      7K 
 6: EX-32       CFO Certification                                      2±    10K 

EX-31   —   CEO Certification

                                  EXHIBIT 31.1

Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 

I, Peter P. Phildius, certify that:                                             

1. I have reviewed this annual report on Form 10-KSB of Avitar, Inc.; 

     2. Based on my knowledge, this report does not contain any untrue statement
of a  material  fact or omit 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 report;         

     3. Based on my knowledge,  the financial  statements,  and other  financial
information included in this report, fairly present in all material respects the
financial  condition,  results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;                              

     4. The registrant's  other certifying  officer(s) and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:        

     a)  Designed  such  disclosure  controls  and  procedures,  or caused  such
disclosure  controls and  procedures to be designed  under our  supervision,  to
ensure that  material  information  relating to the  registrant,  including  its
consolidated subsidiaries,  is made known to us by others within those entities,
particularly during the period in which this report is being prepared;          

     b) Evaluated the effectiveness of the registrant's  disclosure controls and
procedures and presented in this report our conclusions  about the effectiveness
of the disclosure controls and procedures as of the end of the period covered by
this report based on such evaluation; and                                       

     c) Disclosed in this report any change in the registrant's internal control
over  financial  reporting  that occurred  during the  registrant's  most recent
fiscal quarter (the registrant's  fourth fiscal quarter in the case of an annual
report) that has  materially  affected,  or is  reasonably  likely to materially
affect, the registrant's internal control over financial reporting; and         

     5. The registrant's other certifying officer(s) and I have disclosed, based
on our most recent evaluation of the internal control over financial  reporting,
to the registrant's  auditors and the audit committee of the registrant's  board
of directors (or persons performing the equivalent functions):                  

     a) All significant  deficiencies  and material  weaknesses in the design or
operation of internal  controls over  financial  reporting  which are reasonably
likely  to  adversely  affect  the  registrant's  ability  to  record,  process,
summarize and report financial information; and                                 

     b) Any fraud,  whether or not material,  that involves  management or other
employees who have a significant role in the registrant's  internal control over
financial reporting.                                                            

Date:  December 27, 2004                      /S/ Peter P. Phildius             
                                             ---------------------------------
                             Peter P. Phildius
                              Chairman and Chief
                             Executive Officer
                                             (Principal Executive Officer)

Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10KSB’ Filing		Date		Other Filings
Filed on:		12/29/04
		12/27/04
For Period End:		9/30/04		10KSB/A
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