For Chemical Pesticide Makers, A Fly in the (Organic) Ointment

One maker of nontoxic pesticides disagrees. Steven Bessette, president and founder of EcoSMART Technologies of Atlanta, said the petitioner wants to quash competition, not protect public health.

His company, a maker of plant oil-based pesticides, hired a Washington public relations firm, Podesta Mattoon, to present its case to regulators.

"Companies that have invested billions in traditional chemicals are fighting to keep those around as long as they can," Bessette said. "Everyone knows this is the future."

Botanicals are now as good or better than conventional treatments because insects have not built up resistance to them, he said.

One of his clients, Western Exterminator in Santa Ana, Calif., told the EPA in comments that it had test-marketed EcoSMART products with 2,500 customers and was satisfied with their effectiveness.

Some established companies, such as Sergeant's Pet Care Products of Omaha, are jumping into the botanical pest-control market. This year, Sergeant's rolled out a natural treatment for fleas and ticks using a "unique synergistic combination" of cinnamon and clove oils.

"We're not blind to what's going on in the market," said Joel Adamson, a senior vice president at Sergeant's. "There is a very significant market demand." He said the company had tested the products extensively.

"These manufacturers were not concerned about these alternative products until they saw market share being eroded by a new generation of less-toxic and more appealing, but effective products," Sergeant's said in comments to the EPA opposing the petition.

More challenges may be ahead for the chemical-based industry. Wal-Mart recently said it was phasing out products containing 20 toxic chemicals over the next two years. Wal-Mart said in a statement that it was moving toward products "that will be better for our customers and for the environment."

At the EPA, which must decide whether to start a rulemaking, James Jones, director of the Office of Pesticide Programs, said the agency approved the exemption "to bring a common-sense approach to pesticide regulation." The EPA wanted to avoid having to spend time examining ingredients like mint oil that are not considered harmful, he said.

Jones said the EPA has received objections to the exemption before, mainly from states that preferred federal regulation of all forms of pesticides.

One state that favors the petition is Colorado, which in 2003 had to deal with West Nile virus and natural mosquito repellents. Since then the state has required all-natural pesticides to file tests proving they work.

Cindy Skrzycki is a regulatory columnist for Bloomberg News. She can be reached atcskrzycki@bloomberg.net.