It would actually be illegal in Florida where puppies must be at least 8 weeks old and get a health certificate to be sold. Selling a puppy before that time is a 1st degree misdemeanor here. Not sure what the law is in NC -- some states don't have a law about the age.
But a good, ethical, educated breeder will keep toy breeds with their mothers and siblings at least 12 weeks. You have gotten a lot of good advice from others in this thread. I know it is hard to hear something so different from what a local breeder is telling you. The breeder may think she is doing right, but she is not. Way too many health, social, and emotional problems are created by ripping puppies from their litter so young. You want a good healthy start for your GF's puppy. I hope you are able to persuade all concerned that it will be so much better for this puppy to get enough time with momma and sibs. There will be the whole puppy's lifetime to be with your GF -- this is time for its first family. Wishing you all the very best!