I operate under the cottage food law in Michigan. I have an order for 100 cupcakes for a client who wants to give them away, individually boxed. Am I required to label each box or just provide the label info to the client?
Only the state of Michigan can tell you for sure, but I would guess that if YOU are boxing them you should have separate labels, but if you're just selling the bride 100 cupcakes and SHE is boxing them...well I would just do one label.
I don't have an answer for you (Sorry!) There are many people that sell individually wrapped cake pops to just one person. I highly doubt they label each one just because they are individually wrapped....but that doesn't mean they aren't supposed to. I hope you get an answer....I'd like to know too!
In most jurisdictions, boxing and just adding a bow to a bag is not a package. They are not airtight and are still considered "unpackaged".
Also, this distinction usually occurs in a sales situation where the baker is not the final seller. It has to do with direct contact between baker and final purchaser.
So if it is not sealed or not being re-sold, it doesn't fall under the two labeling criteria that most places have.
But, final say is with your CFL requirements. Check with the proper authorities.
If the law is similar to the Texas Cottage Food Law, you can just hand the notice to your customer when the delivery is made.
You also might want to clarify with the customer, they may be expecting each individual box to be labeled.
I would just provide the client with a label. That is your customer. I just took a class on the cottage food law a couple weeks ago and It has some touchy thing on how to go about the labeling on situations like this. And they made very clear that it would depend on what they are being used for If you tell me is it a bride a donation or what the situation is I can probably help a little more.
The cupcakes aren't being resold. They are being given away by the customer as thank yous. They encouraged me to label them with my logo and website as a means of advertising.
No matter what the law is, to protect yourself, at least an allergy label should be included.