(a) For purposes of this section, “thermoform plastic container” means a plastic container, such as a clamshell, cup, drinking cup, pod, tub, lid, box, tray, egg carton, or similar rigid, nonbottle packaging, formed from sheets of extruded resin and used to package items such as fresh produce, baked goods, nuts, deli items, and nonbottle beverages. The term does not include any of the following:

1. (1) A lid or seal of a different material type from plastic.
2. (2) Thermoform plastic containers that are medical devices, medical products that are required to be sterile, prescription medicine, and packaging used for those products.
3. (3) A refillable thermoform plastic container that ordinarily would be returned to the manufacturer to be refilled and resold.
4. (4) A plastic beverage container subject to the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500)).

5. (5) A thermoform plastic container of a resin type for which the total amount of the resin type sold in California annually is either of the following:

   1. (A) Less than 1,000,000 pounds for a resin type other than expanded polystyrene.
   2. (B) Less than 40,000 pounds of expanded polystyrene.
6. (6) A thermoform plastic container that is designed to be composted and is eligible to be labeled “compostable” pursuant to Section 42357.