; and (ii) (I) intended by the manufacturer to be used once for eating or drinking; or (II) generally recognized by the public as an item to be discarded after 1 use. (B) Inclusions The term expanded polystyrene food service ware includes any product described in subparagraph (A) consisting of a bowl, plate, hot or cold beverage cup, lid, clamshell, tray, carton for eggs or other food, or any other item used for serving or containing prepared food, including takeout food and leftovers from partially consumed meals prepared by food vendors. (9) Expanded polystyrene loose fill The term expanded polystyrene loose fill means a void-filling packaging product made of expanded polystyrene foam that is used as a packaging fill (commonly referred to as packing peanuts ). (10) Food service provider The term food service provider means a person engaged in the business of selling or distributing prepared food or beverages for on-premise or off-premise consumption, including any— (A) food service establishment, caterer, temporary food service establishment, mobile food service establishment, and pushcart; (B) retail food store; (C) delicatessen; (D) grocery store; (E) restaurant; (F) cafeteria; (G) coffee shop; (H) hospital, adult care facility, and nursing home; and (I) elementary or secondary school, college, and university. (11) Manufacturer The term manufacturer means any person that manufactures or imports covered polystyrene foam ware that is sold, offered for sale, or distributed in the United States. (12) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (13) Prepared food (A) In general The term prepared food means food or beverages that— (i) are cooked, chopped, sliced, mixed, brewed, frozen, heated, squeezed, combined, or otherwise prepared on the premises of a food service provider for immediate consumption