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) 2026/1378 — is 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.
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.
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.
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 / form | Maximum level / condition |
|---|---|
| Cereal bars | 30 g/100 g |
| Breakfast cereals | 30 g/100 g |
| Dried fruits | 30 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: flour | 100% ground kernels — form of the NF |
| Form: paste | 100% ground kernels — form of the NF |
| Food supplements | Not 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.
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.
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
- Act and list — basis is 2026/1378 amending 2017/2470; first authorisation: 2022/965; extended conditions from 14 Jul 2026.
- Name — list designation “kernels from edible Jatropha curcas L.”.
- 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.
- PE control — 5 laboratory samples; UHPLC-UV-MS; all undetectable (LOD 0.75 μg TPA eq/g); edible variety only.
- Process — hydrothermal >120 °C for 40 min as per specification (anti-nutrients / micro).
- Data protection — extended uses: Chuta Nut GmbH until 14 Jul 2031; a later applicant may obtain own authorisation on independent data or with agreement.
- Claims — the novel-food act is not a basis for health claims (1924/2006).
- 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.
Primary sources
- 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.
- 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.
- Commission Implementing Regulation (EU) 2022/965 — first authorisation of edible-variety Jatropha curcas L. kernels.
- Regulation (EU) 2015/2283 — novel foods; Articles 26/27 data protection.
- Implementing Regulation (EU) 2017/2470 — Union list of novel foods.
- Regulation (EC) No 1924/2006 — nutrition and health claims.