probably manufactured months ago, so more than likely...no
but it's a doddle.
I updated my 40D many moons ago
you can check the latest version in the menu options
put the new firmware on the CF card, then upgrade directly from the menu
it was easy, just remember to have a fully charged battery of course! no power failures mid-way through!!
as I recall it didn't take more than 2 minutes
if you're unsure and you're buying it from a highstreet store then they should really do it for you as good customer service if you ask nicely.