McClellan v. Commonwealth

ROBERT J. HUMPHREYS, Judge.

Terry McClellan appeals her conviction, after a bench trial, for operating a food manufacturing plant without inspection, in violation of Code § 3.1-398.1, and offering misbranded food for sale, in violation of Code § 3.1-388(a). McClellan contends the trial court erred in 1) finding the evidence sufficient to establish that she operated a “food manufacturing plant,” within the meaning of the statute; 2) admitting expert testimony which amounted to “irrelevant and improper opinion”; 3) finding that her conviction for offering misbranded food for sale did not…