Renee, the issue of shipping any food item across state lines is a serious issue, much more than just baking a few illegal cakes. It is a federal offense, made a priority by the feds since 9/11. One of the requirements is to register with the Bioterrorism Act. So the discussion, brought up rather innocently, needs to be addressed in a more serious manner because of the legalities and the risks. It is a business situation that needs careful planning and a commitment. The cost is prohibitive not only because of food safety issues, but national safety as well.

I found out because I wanted to ship at cost to our soldiers overseas. I was directed to my Dept of Ag and the FDA. I built my kitchen to the FDA specs for future expansion, but as you can see, it is an expensive proposition. I'm glad I have the option, but it is on the back burner for now. I also learned that my original good intentions to ship to servicemen will have to be accompanied by a for-profit venture of retail sales in order to just get the plan in the black.

Mimi, I ship cupcakes to family as kits. I use my Food Saver for the unfrosted cupcake. I first put a cardboard base under the cupcakes in the bag and then just vacuum until they are safe and can't move around. A separate piping bag cotains the frosting with a Sharpie line on where to cut in order to pipe. A little bag contains the candy garnish.

For these cupcakes, I have only used shortening based frosting. I never use that in my business, but my grandsons don't care. I have never sent them a overnight package on ice.

Mimi, I think because the Federal laws changed after 9/11, many people just aren't aware. I brought it up to my HD inspector in my planning stage and she immediately directed me to the Dept of Ag. And yes, all of those people on Etsy are illegal unless they are affiliated with an FDA licensed bakery. Look at all of the people in cottage food law states who have limited dealings with their health depts. How would they know? Plus all of the unlicensed bakers don't have access to asking questions of their health depts. But it doesn't change the fact that if you are even accused of making someone sick and you get reported, it's to the Feds. And the chances of making someone sick is increased by improper shipping. The fines are on a per diem basis, going back as far as the times the FDA places on record keeping.

And where can you complain against such people who openly ship cupcakes in spite of knowing it is a federal offense?