39 Va. App. 759 - McClellan v. Commonwealth’s Empirical Analysis
2003
Citation profile
10
cited by 10 later decisions
1
states following
June 2008
most recently cited
10 state decisions
Relationships
Relies on Blockburger v. United States · Brown v. Ohio · United States v. Scott · Illinois v. Vitale · Gavieres v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he “ordinary” use of the term “plant” encompasses any building or dwelling where such “manufacturing, packaging, labeling, or holding of human food” takes place. Accordingly, McClellan’s “operation” met the definition of a “food manufacturing plant” within the clear context of the statute .... McClellan offered the cheese that she manufactured for sale in the Commonwealth. It is clear that the General Assembly intended the Virginia food and drink laws, enforced by the Commissioner and the Board of Agriculture, to apply to operations like McClellan’s, regardless of where she manufactured the cheese and offered it for sale.”
1 later decision quote this exact passage“No person shall operate a food manufacturing plant, food storage warehouse, or retail food store until it has been inspected by the Commissioner. This section shall not apply to food manufacturing plants operating under a grant of inspection from the Bureau of Meat and Poultry Inspection or a permit from the Bureau of Dairy Services of the Virginia Department of Agriculture and Consumer Services and Grade A fluid milk manufacturing plants and shellfish and crustacea processing plants operating under a permit from the Virginia Department of Health.”
1 later decision quote this exact passage“manufacturing requires `transformation of a raw material into an article of substantially different character.'”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.