My Lords, I thank my noble friend for her amendment. Before any changes are made to the marketing standards, stakeholder engagement and public consultation will need to take place. Any organisation which represents the interests of the UK agriculture industry will be given the opportunity to put forward their views.
I say in response to the noble Baroness, Lady Wilcox of Newport, that marketing standards are covered by food law and a duty to consult is contained in Article 9 of Regulation 178/2002. This regulation will become retained EU law via the powers in the EU withdrawal Act. The regulation states:
“There shall be open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it.”
It is the procedure that a summary of the responses to the consultation will be published on GOV.UK within 12 weeks of the consultation closing.
Any statutory instruments made using the power will also be accompanied by an Explanatory Memorandum and a proportionate analysis or full regulatory impact assessment where net direct cost to business is above £5 million. The impact assessment will provide the rationale for government intervention, details of all the options considered and the expected costs and benefits, particularly for businesses. With that reassurance, I hope that my noble friend will feel able to withdraw her amendment.