The U.S. Department of Agriculture's Agricultural Marketing Service (AMS) has announced a crucial re-vote concerning the future of the national Christmas Tree Promotion, Research, and Information Order. This new referendum, set to run from October 1 to October 16, 2026, offers eligible domestic producers and importers a second opportunity to decide whether to continue the program. The decision to hold another vote stems from irregularities identified in a previous referendum conducted earlier this year, where the program's continuation failed to secure a majority amid concerns over the voting timeline and the treatment of late ballots.
The Christmas Tree Promotion Program
Established under the Commodity Promotion, Research, and Information Act of 1996, the Christmas Tree Promotion, Research, and Information Order (7 CFR part 1214) facilitates a national program aimed at strengthening the Christmas tree industry. This program, funded by assessments on producers and importers, supports activities such as generic promotion campaigns, market research, and educational initiatives. Its fundamental purpose is to increase the demand for and consumption of Christmas trees in the United States, thereby benefiting the entire industry. The program operates through a board that directs these activities, ensuring that industry-wide interests are represented.
Disputed Outcome of the Previous Vote
A prior continuance referendum for the Christmas Tree Order took place between May 22 and June 2, 2026. The results of that vote indicated that 49.83 percent of participating producers and importers favored the program's continuation. This figure fell just short of the simple majority required for the Order to remain in effect.
However, AMS noted significant issues with the conduct of this initial referendum. Specifically, the voting period included fewer business days than is standard for such proceedings. Compounding this, AMS received numerous ballots after the stated deadline. Had these late ballots been counted under a typical voting window, their inclusion could have potentially altered the final outcome. These procedural concerns led AMS to review the fairness and representativeness of the previous vote.
Rationale for a Second Referendum
Given the close margin and the identified procedural irregularities, AMS has determined that conducting an additional referendum is necessary to accurately gauge industry support. This action is authorized under section 518(d) of the Commodity Promotion, Research, and Information Act, which grants the Secretary of Agriculture discretion in such matters. The agency emphasized its commitment to ensuring a fair and transparent process that accurately reflects the will of the eligible voters. By calling for a re-vote, AMS aims to address any doubts about the legitimacy of the prior results and provide a clear mandate for the program's future.
Eligibility and Voting Procedures
Participation in this upcoming referendum is open to domestic producers and importers who produced or imported 500 or more Christmas trees between September 1, 2025, and March 15, 2026. Individuals or entities who received a full exemption from assessments under the Order for this entire representative period are not eligible to vote. This eligibility criterion ensures that only those directly contributing to and affected by the program have a say in its continuance.
The referendum will be conducted using both express mail and electronic ballots. Eligible persons will receive their ballots via express mail, with instructions on how to cast their vote either through mail or electronically. All ballots, whether submitted by express mail or electronically, must demonstrate proof of delivery to AMS by no later than 11:59 p.m. Eastern Time on October 16, 2026. George Webster and Alexandra Caryl, both from AMS's Market Development Division, Specialty Crops Program, have been designated as the referendum agents responsible for overseeing this process. Approximately 1,200 persons are expected to be eligible to vote, with an estimated 15 minutes required to complete each ballot.
Potential Implications for the Christmas Tree Industry
The outcome of this second referendum carries significant weight for the Christmas tree industry. If a majority of the eligible voters support the continuation of the Order, the national promotion, research, and information program will remain in force, continuing its efforts to boost demand and provide valuable industry insights. This would allow existing initiatives to proceed uninterrupted and maintain a collective approach to market development challenges.
Conversely, if the majority votes against continuance, USDA would initiate suspension and termination procedures as outlined in Section 1214.82 of the Order. This would involve a formal rulemaking process to dismantle the program. Such an outcome would mean the cessation of mandatory assessments and the discontinuation of the national promotion and research activities. The industry would then need to consider alternative strategies, likely on a more fragmented, individual, or regional basis, to address marketing, research, and information needs previously handled by the federal program.
The decision before producers and importers is not merely administrative; it directly impacts the collective marketing power and strategic direction of the Christmas tree sector. The re-vote highlights the importance of fair and accurate democratic processes within federally mandated commodity programs, ensuring that the voice of the industry is clearly heard and respected. The coming weeks will be crucial as the industry prepares to cast its decisive votes.
