if you are making it out a home kitchen, it is illegal to ship. Food safety laws (Cottage Food Laws) requires sale to be made directly to customer. Most states will not even allow you to cross county lines. Each state regulates their own food safety. You cannot ship your food into another state because you’ll be in violation of their food laws.
you need to check the Cottage Food laws in your state to make sure you’re in compliance.
Also I don’t know what the water activity level is in fudge, but you need to make sure The water activity level is in compliance with food safety laws if you are making your fudge in a home kitchen.
All states use the same standard as set by federaI government; food is to 0.85 or less in the finished product, it is not subject to the regulations of 21 CFR Parts 108, 113, and 114, so they allow these foods to be produced in a home kitchen and sold to the public, through direct face-to-face sale with the customer. You cannot sell over the Internet, and ship your product.