Listen to this article:

The operational problem is straightforward: kernels of the edible variety of Jatropha curcas L. (trade name Chuta) look like kernels of toxic varieties. That is why the Union novel-food listing requires PE control batch by batch — five laboratory samples, UHPLC-UV-MS, all below the LOD. The Commission act of 23 June 2026 — Implementing Regulation (EU) 2026/1378is not the first authorisation of this novel food. It amends the conditions of use and the specifications of the entry already authorised by Regulation (EU) 2022/965: it adds flour and paste forms, raises maxima from 5 to 30 g/100 g in selected categories, and widens the fat range to 54–64%. From 14 July 2026 the extended uses are covered by five-year data protection for Chuta Nut GmbH.

Scope of the act: an amendment of the conditions of use and specifications of the already authorised entry “Jatropha curcas L. (edible variety) kernels” in Union list 2017/2470 — not a new ingredient class, not food supplements and not health claims. The NDA Panel assessed safety in opinion e9706 (2025); the Commission issued amending act 2026/1378.
Pathway: authorisation 2022/965, Chuta application 9 May 2023, EFSA e9706 29 Sep 2025, Regulation 2026/1378 23 Jun 2026, exclusivity 14 Jul 2026–14 Jul 2031
Fig. 1. Regulatory pathway: from the first authorisation (EU 2022/965) via the Chuta Nut GmbH application (9 May 2023) and EFSA opinion e9706 to Commission act 2026/1378 and exclusivity for extended uses from 14 Jul 2026 to 14 Jul 2031.

1. What exactly does the Commission change?

Document 32026R1378 (ELI: http://data.europa.eu/eli/reg_impl/2026/1378/oj; EUR-Lex: OJ:L_202601378) — Implementing Regulation (EU) 2026/1378 of 23 June 2026 — amends Implementing Regulation (EU) 2017/2470 as regards the conditions of use and the specifications of the novel food Jatropha curcas L. (edible variety) kernels. The extended conditions of use apply from 14 July 2026 (entry into force on the twentieth day after OJ publication).

First authorisation: Implementing Regulation (EU) 2022/965. Extension applicant (9 May 2023): Chuta Nut GmbH, Hans-Lorenser-Str. 20, 89079 Ulm, Germany (earlier procedural data of JatroSolutions GmbH; the company was acquired by Chuta Nut GmbH in October 2022). The application sought changes to conditions of use and specifications under Regulation (EU) 2015/2283.

The NDA Panel, in Safety of changes in the conditions of use and the specifications of edible Jatropha curcas L. (Chuta) as a novel food pursuant to Regulation (EU) 2015/2283 (EFSA Journal 2025;23:e9706, DOI 10.2903/j.efsa.2025.9706), adopted on 29 September 2025, concluded that the NF (kernels, flour, paste) is safe under the proposed conditions of use and specifications.

Primary source: EUR-Lex — OJ:L_202601378 / eli/reg_impl/2026/1378; EFSA opinion DOI 10.2903/j.efsa.2025.9706; first authorisation CELEX:32022R0965.

2. What EFSA established (e9706) — safety, not a claim

According to the NDA opinion, kernels, flour and paste from the edible variety of Jatropha curcas L. are safe under the new conditions of use and the updated specification. Historically the key hazard is phorbol esters (PEs). In a conservative MoE scenario the lowest margin was about 190; at that magnitude there was no genotoxicity concern — hence no safety concern for the new forms and levels.

The NDA assessment addresses the safety of the changes. Regulation 2026/1378 is the act that amends the list and opens the market under the new conditions. A scientific opinion is not a market decision.

Limits of the evidence: a positive safety opinion does not approve claims about “healthy nuts”, “fat source” or plant-based diets — that is a separate path under Regulation (EC) No 1924/2006. Novel-food authorisation ≠ health claim.

3. Categories, forms and maxima

Act 2026/1378 raises maxima in previously authorised categories from 5 g/100 g to 30 g/100 g and adds flour and paste forms (both: 100% ground kernels). The snack category wording is also clarified: kernels as such, or processed whole kernels as a snack (e.g. roasted, candied, salted or similar), including mixes with other nuts, seeds and/or dried fruits.

Category / formMaximum level / condition
Cereal bars30 g/100 g
Breakfast cereals30 g/100 g
Dried fruits30 g/100 g
Kernels as snack / mixes (roasted, candied, salted or similar; with other nuts, seeds, dried fruit)As per Annex conditions (kernels as such or processed whole kernels)
Form: flour100% ground kernels — form of the NF
Form: paste100% ground kernels — form of the NF
Food supplementsNot in the Annex — not authorised

What this means on the label: the official designation is “kernels from edible Jatropha curcas L.” — the trade name Chuta does not replace the Union-list designation.

Compliance checklist for Jatropha curcas Chuta
Fig. 2. Compliance ladder: list designation; maxima 30 g/100 g; flour/paste forms; PE control (5 samples); claim ≠ authorisation; data protection for Chuta Nut GmbH until 14 Jul 2031; GIS ≠ second authorisation.

4. Specification (Annex Table 2) and PE control

Description: seeds of ripe fruits of the edible variety producing kernels with non-detectable phorbol esters; cleaning/de-husking → drying → cleaning → mechanical deshelling → hydrothermal treatment (> 120 °C for 40 minutes) to reduce anti-nutrients and microbial load.

Edible and non-edible varieties are phenotypically indistinguishable — only the edible variety is allowed; batch analytical controls are mandatory. Sampling (Table A): five laboratory samples from the aggregate; validated UHPLC-UV-MS; all five must show undetectable PEs before further processing. Limit: PE ≤ 0.75 μg TPA eq/g kernel (LOD).

Composition: moisture ≤ 3%; total fat 54–64% (previously 54–61%); total protein 21–32%; total fibre 6–10%; ash 3–5%. Metals: Pb ≤ 0.20 mg/kg; Cd ≤ 0.20 mg/kg. Sum of aflatoxins B1+B2+G1+G2 ≤ 4.0 μg/kg. Microbiology includes: TAMC ≤ 1000 CFU/g; yeast/mould ≤ 100 CFU/g; Enterobacteriaceae ≤ 10 CFU/g; Salmonella absent in 25 g; L. monocytogenes ≤ 100 CFU/g.

Operationally: hydrothermal treatment >120 °C × 40 min reduces anti-nutrients and microbial load as stated in the specification. PE control is a separate batch analytical rule (5/5 undetectable at the LOD) — do not conflate it with a free-standing “PE destruction guarantee” from hydrotherm alone beyond what the act and opinion state.

5. Data protection for extended uses (14 Jul 2026–14 Jul 2031)

Under Articles 26 and 27 of Regulation (EU) 2015/2283 the Commission granted five-year data protection for the extended conditions of use. Beneficiary: Chuta Nut GmbH. Period: from 14 July 2026 to 14 July 2031.

Protected data include production-process, compositional, nutritional and toxicological information — as in Articles 2–3 of act 2026/1378. During that period only Chuta Nut GmbH may place this NF on the Union market under the extended conditions of use, unless a subsequent applicant obtains authorisation without relying on the protected data or with agreement. This is procedural data protection, not an absolute exclusivity of the whole “jatropha kernel” category beyond this entry.

6. Novel-food authorisation ≠ health claim

Regulation 2026/1378 gives no basis for health claims, “superfood” language or nutrient-source claims in the claim sense. Novel-food status does not automatically bar every claim — but it is not itself a claim basis. Any such claim needs a separate legal basis under Regulation (EC) No 1924/2006.

7. Poland: GIS after the Union-list amendment

Amending the Union list opens the market under the new conditions in the EU. A notification to the Chief Sanitary Inspector (GIS) is not an additional novel-food authorisation. It is a separate duty linked to placing a specific product on the Polish market — where national rules require it.

The product must match the entry: list designation, category and maxima, form (kernels / flour / paste), compliance with the specification (including PE and hydrotherm). On a PL label use the official designation — not a marketing name replacing the list designation. This NF is not listed in the Annex for food supplements.

8. Conditions for compliance with the entry

  1. Act and list — basis is 2026/1378 amending 2017/2470; first authorisation: 2022/965; extended conditions from 14 Jul 2026.
  2. Name — list designation “kernels from edible Jatropha curcas L.”.
  3. Categories and forms — bars, cereals, dried fruit up to 30 g/100 g; snack kernels; flour and paste forms (100% ground kernels). No food supplements in the Annex.
  4. PE control — 5 laboratory samples; UHPLC-UV-MS; all undetectable (LOD 0.75 μg TPA eq/g); edible variety only.
  5. Process — hydrothermal >120 °C for 40 min as per specification (anti-nutrients / micro).
  6. Data protection — extended uses: Chuta Nut GmbH until 14 Jul 2031; a later applicant may obtain own authorisation on independent data or with agreement.
  7. Claims — the novel-food act is not a basis for health claims (1924/2006).
  8. GIS (PL) — notification of a specific product remains a separate national duty, not a second novel-food authorisation.

Conclusion

Act 2026/1378 extends the conditions of use of already authorised kernels of the edible variety of Jatropha curcas L.: flour and paste, maxima up to 30 g/100 g, fat 54–64%, with operational PE control and exclusivity for extended uses to Chuta Nut GmbH until 14 July 2031. EFSA opinion e9706 assessed safety; the Commission opens the market. This is not a new ingredient class, not a food-supplement category and not a basis for health claims. GIS remains a separate national duty where applicable.

Educational material, not legal or medical advice. The text is based on Regulation (EU) 2026/1378, first authorisation 2022/965, Union list 2017/2470 and EFSA opinion e9706; classification of a specific product (including national GIS duties) depends on its composition and intended use.

Primary sources

  1. Commission Implementing Regulation (EU) 2026/1378 — Document 32026R1378; ELI eli/reg_impl/2026/1378/oj. Amendment of conditions of use and specifications for Jatropha curcas L. (edible variety) kernels; extended conditions from 14 Jul 2026; data protection until 14 Jul 2031.
  2. EFSA NDA Panel. Safety of changes in the conditions of use and the specifications of edible Jatropha curcas L. (Chuta) as a novel food… EFSA Journal 2025;23:e9706. DOI: 10.2903/j.efsa.2025.9706 — opinion adopted 29 Sep 2025; safety of kernels, flour and paste under the proposed conditions.
  3. Commission Implementing Regulation (EU) 2022/965 — first authorisation of edible-variety Jatropha curcas L. kernels.
  4. Regulation (EU) 2015/2283 — novel foods; Articles 26/27 data protection.
  5. Implementing Regulation (EU) 2017/2470 — Union list of novel foods.
  6. Regulation (EC) No 1924/2006 — nutrition and health claims.