I wrote to 23 and Me help to clarify the restrictions on mailing samples in New York State and in Maryland. Here is their reply:
""23andMe is currently unable to process saliva samples collected in or mailed from the state of New York. The New York Department of Health considers our Personal Genome Service a test requiring a lab license and direct physician involvement.
If you or the recipient of the Spit Kit intend to collect your sample and mail it from outside the state of New York, please select the "Ship to New York" button below. Upon receipt of your Spit Kit, you or the Spit Kit recipient will be required to affirm under penalty of law that the sample for the Spit Kit has not been collected in or mailed from the state of New York.
If you choose to continue with the order then a kit is mailed to a New York address. At the time of registering the kit with its claim code, a kit from such an order requires a consent to the effect that the user has collected and shipped the sample from outside of the NY state. New Jersey is fine to collect and ship the sample from."
From: 23andMe <email@example.com>
Date: Mon, 30 Mar 2009 09:19:50 +0000 (GMT)
We currently do not ship our kits to any Maryland address.We recently received a cease and desist letter from the Maryland Department of Health regarding our compliance with clinical laboratory testing statutes in place in Maryland. We respect the state's attention to this matter and believe that our interests are aligned; we share the intention of ensuring that the personal genomics industry provides services that are accurate and reliable. As we've done in California, we hope to work with your state officials in demonstrating our commitment to the responsible delivery of important genetic information to our customers. Unfortunately, however, we can't provide a timeline as to when our services will be available in Maryland. We'll provide further updates on our website when we have more information.
We remain committed to the idea that it's your fundamental right to have access to your genetic information. We hope to make our services available to the residents of Maryland again very soon."
Questions: contact: firstname.lastname@example.org